Ex-Senator Honasan gains temporary freedom

(Update) Independent senatorial candidate Gregorio “Gringo" Honasan posted Friday a P200,000 bail bond for his temporary liberty on coup d’etat charges filed against him by the Department of Justice (DOJ) for his alleged role in the July 27, 2003 Oakwood mutiny. This will allow Honasan to personally launch a nationwide campaign for his senatorial bid. Honasan, through his lawyers Cherrie Cruz and Victor Lansang, posted the bail before the sala of Makati Regional Trial Court (RTC) Branch 148 Oscar Pimentel who granted the detained former senator’s plea for temporary liberty. Pimentel’s order reversed his March 6 ruling that found no merit on Honasan’s “motion to fix sufficient sureties for temporary liberty." The judge agreed with the contention of Honasan that the latter is entitled to post bail under Section 13, Article III of the 1987 Constitution, which provides that “all persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient securities, or be released on recognizance as may be provided by law." Pimentel noted that Honasan was not charged as a leader of the Magdalo soldiers who staged the July 27, 2003 Oakwood mutiny in Makati City. “Accused Honasan is not [the] one who directed or commanded others to undertake coup d’etat. The information does not even allege that the coup d’etat was executed under the command of unknown leaders," Pimentel said. Pimentel said even the complaint filed by the DOJ did not state that Honasan directed the Magdalo soldiers, spoke on their behalf, among others, to prove that he is their leader. “It (DOJ complaint) does not contain any averment that the accused Honasan directed his co-accused, spoke for them, signed receipts and other documents issued in their name, or performed similar acts for them so as to make him the presumed leader of the coup d’etat under Article 135. The people has charged accused Honasan as a co-conspirator, as a participant in a coup d’ etat which is punishable by prision mayor" Pimentel said. Pimentel said that since the charges against Honasan are punishable only with reclusion temporal, and not reclusion perpetua, the Makati RTC cannot deny him bail. He said that while Honasan was a senator when the Oakwood mutiny was staged by the Magdalo soldiers in 2003, there was no direct allegation that he commanded others to commit coup d’etat. In his motion to post bail, Honasan said he along with senators Rodolfo Biazon, Tito Sotto and the later Philippine Star publisher Maximo Soliven played a role in persuading the Magdalo soldiers in laying down their arms and surrender. Honasan’s lawyer Daniel Gutierrez said Honasan was singled out for baseless and uncalled for oppression and he has been denied the procedural protections arising from the country’s sense of decency and fairness which is enshrined in the Constitution. In an interview, Honasan’s lawyer Cherrie Cruz said Honasan’s release will be processed at the Fort Sto. Domingo in Sta. Rosa, Laguna. “He (Honasan) will be brought to Camp Crame for medical examination," Cruz said. For his part, Lansang said the decision of the Makati RTC allowing Honasan to post bail will boost his chances in the May 14 senatorial elections. “Logically, this will speed up our chances. We are optimistic that this will boost Senator Honasan’s chances in the May 14 election. He will be given a chance to personally campaign," Lansang said. In another order, Pimentel set the arraignment of Honasan for coup d’etat to May 17 at 9 am. Pimentel cited that the 60 day reinvestigation that he ordered on the coup d’etat charges against Honasan has already lapsed without any request from the prosecution panel led by Assistant Chief State Prosecutor Richard Anthony Fadullon to extend it. - GMANews.TV