5 ‘housemates’ can’t invoke immunity from rebellion charges — government lawyer

The five party-list lawmakers who sought sanctuary in the House of Representatives cannot invoke immunity from arrest on rebellion charges because even Sen. Juan Ponce Enrile was arrested without warrant and detained on the same charges in 2001, sources said yesterday.

Government lawyers privy to Enrile’s indictment in connection with the so-called "Palace siege" told The STAR that the militant lawmakers could not claim any special privileges since even a member of the Senate allowed himself to undergo inquest proceedings.

"At least, Enrile did not use the institution to evade arrest and protect him. He never dragged his colleagues into his rebellion case. He fought it out himself," the source said, referring to the state of rebellion President Arroyo declared in May 2001.

According to the source, Enrile — a lawyer by profession — underwent inquest proceedings at Camp Crame for rebellion and was then detained for a few days until the Supreme Court, which he petitioned for help, ordered him to post a bail of P80,000.

"He was detained during the time," the official said of Enrile. Members of Congress — either from the House or the Senate — can claim immunity only on offenses punishable by a jail term of six years or shorter.

But under Philippine law, rebellion — which police and government lawyers say is a "continuing crime" — is a non-bailable offense that carries the maximum penalty of death.

Reps. Satur Ocampo, Teddy Casiño, and Joel Virador of Bayan Muna, Rafael Mariano of Anakpawis and Liza Maza of Gabriela have remained in the "protective custody" of Speaker Jose de Venecia for nearly two weeks now. Police have not arrested them out of "courtesy."

An insider at the Department of Justice (DOJ) also said that even former Senate president and ambassador to the United States Ernesto Maceda was "arrested a day or two after Enrile," without any warrant. Maceda is also a lawyer by profession.

Maceda, a close ally of detained President Joseph Estrada, was subsequently released from government custody because he was charged with the lesser crime of inciting to rebellion, a bailable offense.

The government’s cases against Enrile and Maceda have since been dismissed as part of Mrs. Arroyo’s efforts to reconcile with the political opposition, particularly with Estrada’s camp.

During the term of then President Corazon Aquino, Enrile was arrested and detained by agents of the National Bureau of Investigation, but was released by the Supreme Court after it ruled that there was no such crime as "rebellion complex with murder."

As for other rebellion cases, prosecutors said suspects are always detained as per the rules of court, as in the cases of former Autonomous Region in Muslim Mindanao governor Nur Misuari and Ronald Lumbao of the People’s Movement Against Poverty, although there were warrants for their arrest.

Misuari, who was held liable for the November 2001 attack on an Army camp in Jolo, Sulu, initially sought refuge in Malaysia but was eventually turned over by authorities to the Philippine government. He has since been detained at Fort Sto. Domingo in Sta. Rosa, Laguna.

Shortly after his capture, the Muslim rebel leader sought to have his case reinvestigated. A preliminary investigation followed, wherein Zamboanga prosecutors upheld the initial findings. The DOJ then asked for the trial to be transferred to Luzon, which is neutral ground.

Lumbao, meanwhile, became a "fugitive" and was arrested a year after the May 2001 attempted power grab. He was apprehended based on a warrant issued by Manila Judge Teresa Soriaso. He was released after he filed a petition for bail.