DOJ Urged to Dismiss Case vs. Batasan 5

BY AUBREY SC MAKILAN
Bulatlat

Posted 7:05 p.m. March 23, 2006 

Lawyer Jose Diokno, raising the documents, asks the DoJ investigating panel to dismiss the case against their clients PHOTO BY AUBREY MAKILAN

Counsels for the so-called Batasan 5, Crispin Beltran, and others charged for rebellion urged March 23 the Department of Justice (DoJ) investigating panel to dismiss the case against their clients, saying the charges against the respondents are not clear. Romeo Capulong, lead counsel for Representatives Satur Ocampo, Teodoro Casiño, Joel Virador, Liza Maza, Rafael Mariano and Crispin Beltran, said “lapses” or “irregular procedures” are enough bases to dismiss the case.

Lapses

Defense counsel Jobert Pahilga said that accompanying documents were not properly identified in the main documents they have received.

Maza’s counsel Alnie Fojas confirmed this, adding that even the subpoena for her client has no IS number.

“We are completely at a loss as to what to answer,” Fojas said.

Criminal Investigation and Detection Group (CIDG) chief legal counsel Virgilio Pablico enumerated there were three complaints, IS numbers 225, 226, and 234.

But the defense counsels said none of them has seen IS number 234.

Senior State Prosecutor Emmanuel Velasco asked the defense counsels to check with his office. Pablico said that he will help the defense identify these documents.

But Jose Diokno, another defense counsel, said that this disorder should not be the burden of the defense.

Diokno also said that aside from the unsworn-in and unsubscribed complaints, only photocopies of supposedly supporting affidavits were given to the counsels.

Moreover, Capulong said that these documents are “worthless,” saying about 95 percent of the evidences against their clients were “irrelevant” and will be dismissed by their counter affidavits.

Witness Initially, the CIDG did not plan to produce their witness, Jaime B. Fuentes, at the hearing. Pablico reasoned out that they were not sure of the safety of Fuentes because of the crowd.  But Velasco ordered the CIDG chief legal counsel to immediately produce Fuentes.  He threatened that he would have the witness arrested if the latter was not presented, prompting the CIDG to bring in Fuentes at the hearing. After seeing Fuentes, Ocampo said he does not know the witness nor has he attended the meetings identified in the witness’ affidavit. He also said that Fuentes’ affidavit was “perjured” calling him an intelligence agent of the military.

State prosecutor Emmanuel Velasco (left) orders the CIDG to present witness Jaime Fuentes (in yellow polo shirt)                 PHOTO BY AUBREY MAKILAN

Threat of arrest

The legislators insisted that since there is no case yet filed against them, they should be able to go home after the hearing without being arrested.  

“The counsel for the CIDG already manifested that they will still instruct the police officer who made the referral to the DoJ to subscribe.  That is an admission that there is still no complaint filed against the legislators as of the present,” said defense lawyer Noel Neri.

But Velasco merely asked the defense panel to submit a formal manifestation within three days asking the CIDG to explain the reasons why the legislators are being threatened with arrest once they leave the Lower House premises. Velasco said, “Let the PNP (Philippine National Police) answer their question.”

The defense was also given three days to file a motion to dismiss the case. The DoJ also refused to inhibit itself from hearing case saying that they will be impartial.

Capulong however challenged the CIDG to prove if the respondents are indeed under arrest. He said that, in fact, his clients were accorded the protective custody of the House from warrant less arrests.

The five legislators from the House arrived at the DoJ on a shuttle bus escorted by PNP Special Action Task Force members. Beltran was brought to the DoJ in an ambulance accompanied by a doctor given his sensitive health condition. They all received hugs and applause from their supporters. Bulatlat

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