Alejano seeks restraining order on DOJ sedition probe

Former Representative Gary Alejano and a fellow Magdalo Party-List member have asked the Court of Appeals (CA) to stop the Department of Justice (DOJ) from investigating the sedition complaint filed against them, Vice President Leni Robredo, and dozens of other opposition figures.

In the first such action on the complaint, Alejano and Jonnell Sangalang brought the matter out of the DOJ and before the CA, from whom they asked for a temporary restraining order against the proceedings at the department.

In their filing, Alejano and Sangalang argued that Justice Secretary Menardo Guevarra's order creating the panel of investigating prosecutors was void given that the secretary was "not authorized by law to act directly on complaints that do not involve national security or probable miscarriage of justice by the prosecution staff, regional, provincial, and city prosecutors."

Because the department order was "void," the panel was "bereft of any jurisdiction and authority to conduct the preliminary investigation."

This was the same argument raised by some of the respondents, including lawyers from the Free Legal Assistance Group, when they questioned the authority of the panel at the beginning of the preliminary investigation.

The panel has since asserted its authority.

Prosecutors have since wrapped up its preliminary investigation on the police Criminal Investigation and Detection Group's (CIDG) complaint, which alleges that the respondents were part of a plot to unseat President Rodrigo Duterte.

The prosecutors were now expected to either dismiss the complaint or file a case in court.

Office of the Solicitor General

Several of the respondents had also questioned the Office of the Solicitor General's representation of the CIDG in the preliminary investigation, saying the OSG's power was limited to representing the government in criminal cases before the Supreme Court and the CA.

The panel ruled last August 23 that it had no authority to disqualify the OSG but did not prohibit the respondents from taking action on the issue before the "proper forum."

Alejano and Sangalang thus also asked CA to disqualify the OSG in their filing. They said the law "clearly" stated that the office was authorized to represent the government only in the High Court and the appeals court.

"Another reason why respondent OSG should be disqualified from participating in the preliminary investigation is the looming conflict of interest that will arise should the case is resolved against complainant PNP-CIDG-NCRFU," they said.

They argued that if the CIDG loses before the DOJ and takes it to the CA for review the OSG "cannot be expected" to lawyer for the CIDG and against the DOJ, a government agency, or vice versa.

"[The OSG's] rabid participation therein, despite the fact that it has been — since time immemorial swamped and overloaded with workload — is rather strange, if not totally bizarre," their petition stated. — DVM, GMA News