Makati RTC denied the motion for reconsideration filed by DOJ against 18 civilians in Manila Peninsula Siege

Ma. Lourdes “ Miami ” Ebilane
February 1, 2008
Makati RTC denied the motion for reconsideration filed by DOJ against 18 civilians in Manila Peninsula Siege

Judge Elmo Alameda of Makati Regional Trial Court Branch 150 denies the motion for reconsideration filed by the prosecution regarding the dismissal of rebellion charges against 18 accused civilians for Manila Peninsula Siege last November 29, 2007.

Last December 13, 2007 Alameda already dismissed the case against 18 civilians for lack of probable cause. But, the prosecution filed their motion for reconsideration last January 3, 2008.

The 18 accused-civilians are former Vice-President Teofisto Guingona, former University of the Philippines (UP) president Francisco Nemenzo, Infanta, Quezon Bishop Julio Labayen, writer Elizabeth “Bibeth Orteza” Siguion-Reyna, running priest Fr. Robert Reyes, Attys. J.V. Bautista and Argee Guevarra, Antonio Trillanes III, Myrna Buendia, Dominador Rull Jr., Romeo Solis, Roel Gadon, Rommel Loreto, Julian Advincula, Francisco Bosi, Leodor Dela Cruz, Sonny Madarang and Francisco Penaflor.

On their motion, the prosecution said that the court make a mistake in not finding probable cause despite sufficient basis to support the existence thereof; and in ordering the immediate dismissal of the case against the accused-civilians when there is prima facie evidence to justify their indictment.

However, Judge Alameda still denied the motion for reconsideration for utter lack of merit.

Alameda said, “Mere presence at the scene of the crime and issuing individual statements, expressing one’s sentiment on the affairs of government or sharing one’s advocacy on electoral and political reforms without concrete evidence that the person giving the statement knew before hand the criminal intention of the group to take arms, with the aim of overthrowing the government would not make one a conspirator in the crime of Rebellion.”

In a phone interview with Daily Manila Shimbun, State Prosecutor Emmanuel Velasco said, “We respect the ruling of the Court. However, we will still study the order that the judge released.”

After studying the order of the Court, Velasco said, since their motion was already dismissed by the RTC, they might consider bringing their case to the Supreme Court or Court of Appeals./MLE/DMS