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Ombudsman upholds dismissal of treason, sedition complaint vs. Deles, Ferrer, Iqbal


The Office of the Ombudsman has upheld the decision of the Manila Prosecutor’s Office dismissing treason and inciting to sedition complaint filed last year against outgoing Presidential Peace Adviser Teresita Quintos-Deles, peace negotiators Miriam Coronel-Ferrer and Mohagher Iqbal and members of the Bangsamoro Transition Commission (BTC).

In a six-page resolution dated March 14, 2016, the anti-graft body concurred with the Manila Prosecutor’s Office’s findings that the complaint lacks of evidence and merit.

“The Office agrees with the City Prosecutor’s findings,” the Ombudman resolution read.

The resolution was submitted by graft investigator Fatima Kristine Franco and was approved by Ombudsman Conchita Carpio-Morales on May 17, 2016.

The complaint was filed last year by former Manila Mayor Joselito Atienza, ABAKADA party-list Rep. Jonathan Dela Cruz and two private individuals Jose Romero Jr. and Jeremy Gatdula.

The complaint stemmed from the peace negotiations between the Philippine government and the Moro Islamic Liberation Front (MILF) which led to the signing of a peace accord Comprehensive Agreement on the Bangsamoro (CAB) and the drafting of the controversial Bangsamoro Basic Law (BBL).

The BBL seeks the creation of an autonomous political entity that will replace the Autonomous Region in Muslim Mindanao (ARMM).

The 16th Congress, however, failed to approve the proposed measure following the bloody encounter between the government troops and the members of the MILF in Mamasapano town in Maguindanao in January 2015.

The incident led to the death of over 60 people including 44 elite police troopers.

According to the complainants, Deles, Ferrer who heads the Philippine negotiation panel, Iqbal who heads the MILF negotiation panel and 20 others, committed the crimes of treason and inciting to sedition by causing the signing of CAB and pushing for the passage of the BBL.

The complainants said that despite its several unconstitutional provisions, the respondents still pushed for the passage of the BBL, which would cause the Philippine government to cede parts of its territory to the armed groups in Mindanao.

The complainants said the passage of the BBL would embolden the armed groups to uprising and prevent government in freely exercising its sovereignty over its territory.

Aside from Deles, Ferrer and Iqbal also named as respondents in the complaint was Supreme Court Associate Justice Marvic Leonen who was the first chair of the government peace negotiation panel.

Also included as respondents in the complaint were four members of the Philippine negotiation team, four members of the MILF negotiation team and 11 members of the Bangsamoro Transition Commission.

In upholding the dismissal of the complaint, the Ombudsman said the respondents’ mere act of drafting the BBL and pushing for its passage does not qualify to crime of treason nor sedition.

“The mere act of proposing a draft of the BBL, which was introduced as a bill - but failed to pass the deliberation n before the Congress of the Philippines, is not within the ambit of the mentioned acts,” the Ombudsman stated.

With regard to the allegation of treason, the Ombudsman concurred with the Manila Prosecutor’s Office argument that there was “no proof presented showing that respondents had uttered, written, or held any program, which instigated the public to rise against the government.”

“They (complainants) failed to show that the proposed BBL contains words or statements which tend to overthrow or undermine the security of the government or to weaken the confidence of the people in the government,” the Ombudsman’s resolution read.

Meanwhile, with regard to the allegation of treason, the Ombudsman said the acts of the respondents in proposing the BBL, does not amount to waging war against the Republic or to adhering to the side of the enemy in the time of war.

“At any rate, treason is a war crime and cannot be committed in time of peace, as in the present case,” the Ombudsman said.

In a statement, Deles welcomed the Ombudsman’s ruling, saying that it is an affirmation that the peace negotiation that transpired between the government and the MILF adhered to legal processes.

“On behalf of my colleagues in government who persevered to secure this peace agreement in the Bangsamoro, we thank the Ombudsman for upholding justice in these cases filed against us. This is a fitting endorsement so that efforts to secure peace in the Bangsamoro could continue in the next Administration,” Deles said.

Ferrer also welcomed the dismissal of the complaint, maintaining that it was just a  “nuisance case that wasted the time and money of government institutions and unduly harassed the peace negotiators and the BTC commissioners.” — RSJ, GMA News

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