Honasan’s plea for temporary liberty denied by court

By Ronron
March 6, 2007

Former Senator Gregorio “Gringo” Honasan’s request for temporary liberty was denied last Monday by a Makati City court trying his coup d’ etat case.

In a four page decision, Judge Oscar Pimentel of Makati City RTC Branch 148 said it cannot grant Honasan’s “motion to fix sufficient sureties for temporary liberty” because it has already decided to suspend hearing his case last January 24 to allow a re-investigation by the Department of Justice (DOJ).

Honasan has earlier sought for the re-investigation by the DOJ of his case since he claims he was not given the chance to respond to the allegations against him in relation to the 2003 Oakwood mutiny.

Honasan said the coup d’ etat case against him was raffled to the courts even without his counter-affidavit.

The government is accusing Honasan of having conspired with the Magdalo group of the Armed Forces of the Philippines in taking over the Oakwood hotel in Makati City last July 27, 2003 to force President Gloria Macapagal-Arroyo out of office.

Based on this, he argued before the court that he should be allowed temporary liberty because conspiracy to commit coup d’ etat is only punishable by prison mayor, or six years to 12 years imprisonment.

But Pimentel said that the motion is in itself tantamount to a petition for bail, which can only be granted if the prosecution presents evidence that will determine if the case against the accused is strong or not.

“If due course to the motion will be given, this will put the State Prosecutors in a position wherein their impartiality and fairness will be affected and questioned in conducting its reinvestigation,” the judge wrote.

He said, however, that Honasan may file the same motion or petition after the reinvestigation of the State Prosecutors and a manifestation or report thereof has been submitted to the court.

Honasan is running for Senator as an independent candidate.

After his capture late last year, he has been detained at the Philippine National Police (PNP) camp in Fort Sto. Domingo in Sta. Rosa, Laguna.

Aside from his coup d’ etat case arising from the Oakwood mutiny incident, Honasan is also facing rebellion charges before the DOJ for his alleged role in the February 2006 destabilization plot against the Arroyo administration./DMS