Raps vs Estrada fans junked

A Quezon City regional trial court dismissed yesterday rebellion charges filed against 19 persons, who, along with thousands of supporters of jailed President Joseph Estrada stormed Malacañang on May 1.

Judge Jose Mendoza of RTC Branch 219 ordered the dismissal of the rebellion charges after the Department of Justice filed a motion to quash the suit "on the ground that the facts charged do not constitute an offense."

"Finding the reasons to be well-taken, the motion is granted and the case is hereby ordered dismissed," said Mendoza in his two-page order.

Of the 79 persons arrested by the police at the height of the Palace attack on Labor Day, 19 were charged in the Quezon City court while the rest were charged in a Manila court.

The Malacañang siege resulted in the death of four persons and scores wounded.

In the spirit of reconciliation, President Arroyo ordered the Justice department to drop the rebellion charges against the 79 Estrada supporters

Mrs. Arroyo said she believes that the arrested suspects were merely used in a grand scheme to overthrow her government.

In a motion, government prosecutor Richard Anthony Fadullon asked Mendoza to drop the charges against Estrada supporters because "inciting to sedition charges do not, after all meet the elements of the latter offense, much less that of rebellion."

Fadullon noted that to consider the violence that erupted on May 1 between government troops and Estrada supporters as rebellion is admittedly hard put.

"The incident simply does not meet the element of taking up of arms against the government. Stones and sticks can hardly be considered as arms pitted against the military hardware and firepower of government troops," he noted.

While there were allegations that firearms were found in the immediate surroundings of those arrested, Fadullon said the complainants themselves were not sure if they belonged to the respondents or were lost by law enforcers at the height of the commotion.