All of the accused are clearly illegally and arbitrarily detained
by Atty. Ernesto B. Francisco, Jr.
Counsel for the Guingonas & some of the Accused
(Probe Team, ABS-CBN did a good documentary on the Nov. 29 incident. You can check it out in their website. It’s titled “Trabaho lang, walang personalan” four parts.
http://www.probetv.com/search_result.php?search_id=manila+pen&search_typ=search_videos)
The complaint for rebellion filed in connection with the Manila Pen incident should be DISMISSED FOR LACK OF PROBABLE CAUSE on the basis of the following grounds:
A perusal of the DOJ Panel Resolution and its supporting evidence clearly shows that they failed to establish probable cause that the crime of rebellion has been committed as would warrant the dismissal of the instant case.
Marching in the streets or holding and/or attending a press conference in a five (5)-star hotel, with less than fifty (50) others to boot, is not rebellion. If at all, what took place was a legitimate exercise of the people’s right to peaceably assemble and seek redress for grievances and to free speech.
Based on existing jurisprudence, no crime of rebellion was committed on the occasion of the Manila Pen incident. As a matter of fact, the instant charge of rebellion is absurd and hilarious. There is no evidence at all that the Manila Pen incident involved any “armed public uprising,” or that that there “were masses or multitudes involving crowd action,” or that there was “a vast movement of men” or “a complex net of intrigue and plots,” or that it was “not merely a challenge to the constituted authorities but also civil war on a bigger or lesser scale,” or that it was “an armed public uprising by a substantial number of rebels.”
Thus, there is no mention of even a single gunshot fired by any one of the fourteen (14) military men who were ridiculously alleged to have staged a rebellion inside the Manila Pen(!), understandably because not a single gunshot was fired by any one of them. There is also no mention of any gunshot fired by any one of the handful of civilians who marched in the streets or who were later trapped inside the Manila Peninsula Hotel, simply because not one of them was armed. There is also no mention or allegation that any one of the fourteen (14) military men or thirty (34) civilians who were trapped inside the Manila Pen used force or firearms on any one, because they did not. In this regard, even assuming arguendo that a few of the military men had firearms, there is no allegation or mention that any one of them used his firearm, because they obviously did not. Mere possession of firearms by a handful of military men marching in the streets or joining a press conference inside a five (5)-star hotel is certainly not rebellion.
On the contrary, it was the government which surrounded Manila Pen with massive police and military forces and Armored Personnel Carriers and launched an unnecessary and blatantly excessive military assault on those trapped inside, including civilians and members of the media. The Honorable Court is asked to take judicial notice of the television news coverage of the Manila Pen incident showing the following facts: (a) thousands of police and military troops massing around and surrounding the hotel and standing by in nearby areas around the Makati Business Center and ready for deployment when needed; (b) members of the police and military repeatedly firing at the upper floors of the hotel purportedly to drive off imagined rebel snipers; (c) military and police forces repeatedly firing teargas into the confines of the hotel; and, (d) one of the three Armored Personnel Carriers deployed right outside the main entrance of the hotel repeatedly crashing into the hotel’s glass front doors and then repeatedly firing its machine gun right into the lobby of the hotel.
The civilians, including members of the media, were trapped inside the Manila Pen. They could not get out before the actual assault even if they wanted to because the place was all covered with teargas fumes. In fact, even assuming arguendo that the prosecution’s video footages which they submitted to the Honorable Court are admissible as evidence, they will show that long after the police and military assault forces (who were all wearing gas masks) entered the hotel and herded the civilians (including media men), the latter could still not get out because of the massive tear gas fumes.
There was no crime being committed inside the Manila Pen, much less the crime of rebellion, and the government knew that fact. Otherwise, if the crime of rebellion or any other crime was in fact being committed by those inside the Manila Pen, the police could have just proceeded inside and effected warrantless arrests. But the police did not do that because they knew that no crime was being committed inside the hotel. Thus, they first secured a warrant of arrest based on the alleged commission of direct contempt by the detention prisoners before Judge Oscar B. Pimentel so that they could effect any arrest. Accordingly, Judge Pimentel, in his Order dated 29 November 2007, cited and found fourteen (14) detention prisoners who were not in court after the headcount guilty of direct contempt and sentenced them to ten (10) days imprisonment. Judge Pimentel then issued a warrant of arrest against those fourteen (14) detention prisoners and the police used the said warrant of arrest in justifying their forced entry into the premises of the Manila Pen.
Thus, as shown in the prosecution’s video footages, no less than Justice Secretary Raul Gonzales, in an interview aired by ANC a few minutes before the assault at 4:30 o’clock in the afternoon, categorically stated that the police forces were at the Manila Pen to serve the said warrant of arrest issued by Judge Pimentel.
Police forces were supposed to enter the Manila Pen to serve the warrant of arrest on those fourteen (14) detention prisoners who were cited for contempt. Yet, what they did was to launch a massive, excessive and unnecessary police and military assault on the military and civilians alike trapped inside the hotel.
Worse, after the police and military forces assaulted and entered the Manila Pen purportedly to serve the warrant of arrest on those fourteen (14) detention prisoners, they illegally arrested not only the said fourteen (14) detention prisoners who were the subject of the warrant of arrest, but also the civilians and members of the media who were trapped inside the hotel.
The mass illegal arrest which took place at the Manila Pen was not a case of a warrantless arrest, that is, where the crime of rebellion was committed or was being committed or was about to be committed by those inside the Manila Pen and in the presence of police officers because if it was the case, the police and military forces surrounding the Manila Pen could have just proceeded to enter the hotel premises or even break into the hotel to effect a warrantless arrest and without need of going through the trouble of securing a warrant of arrest for direct contempt and purportedly serving the same to justify a forced entry into the hotel.
On the other hand, the mass illegal arrest which took place at the Manila Pen was not also a case of a warrantless arrest, that is, where the crime of rebellion has just been committed as would give the arresting officers probable cause to believe, based on their personal knowledge of facts or circumstances, that those handful of military and civilians and members of the media inside the hotel had committed the said crime of rebellion. Again, had it been the case, the police and military forces surrounding the Manila Pen could have just proceeded to enter the hotel premises or even break into the hotel to effect a warrantless arrest and without need of going through the trouble of securing a warrant of arrest for direct contempt and serving the same to justify their forced entry into the hotel.
Worse, it is clear from the records that the police officers who executed the “Joint Affidavits of Arrest” were outside the Manila Pen and that they were not the arresting officers. This fact was actually confirmed by the prosecution’s video footages which show that the ones who assaulted and entered the hotel were basically the elements of the PNP/Special Action Force based in Camp Bagong Diwa, Bicutan, Taguig City. The police officers who executed the said affidavits were “assigned with the National Capital Region-Criminal Investigation & Detection Unit (NCR-CIDU)” and that they were among the investigating teams of the NCR-CIDU which conducted the investigation of the Manila Pen incident.
The fact that the officers who executed the so-called “Joint Affidavits of Arrest” were not the arresting officers is shown no less in their respective “Joint Affidavits of Arrest.” There is absolutely no mention in the said “Joint Affidavits of Arrest” that –
a) the affiants were the arresting officers;
b) that they were arresting those whom they were about to arrest because in their presence, those persons to be arrested had committed, were actually committing, or were attempting to commit the offense of rebellion or any other offense for that matter; or,
c) that the offense of rebellion or any other offense for that matter has just been committed and that the said arresting officers had probable cause to believe based on their personal knowledge of facts or circumstances that those persons to be arrested had committed it.
Moreover, the fact that those who illegally arrested the military, civilians and members of the media who were inside the Manila Pen were elements of the PNP/Special Action Force based in Camp Bagong Diwa, Bicutan, Taguig City, explains why those who were arrested were first brought to Camp Bagong Diwa where they were processed. Those arrested were brought to the Headquarters of the PNP/Special Action Force in Camp Bagong Diwa, Bicutan, Taguig City, because it was principally the elements of the PNP/Special Action Force which illegally arrested them. At Camp Bagong Diwa, the fingerprints and photographs of all those who were arrested were taken.
Worse, records of the police will show that all of the accused were initially charged with INCITING TO SEDITION, which is a lesser offense and bailable, but shortly before the inquest, the charge was UPGRADED to REBELLION AND INCITING TO REBELLION.
Accordingly, these police investigators very clearly committed perjury and other crimes in executing their respective Joint Affidavit of Arrest despite the fact that they were not the arresting officers. In so doing, they made it appear that they were the ones who arrested those detained or that there was an affidavit of arrest by the arresting officers, which is a principal documentary requirement in an inquest proceeding.
Since no affidavits of arrest were executed and attached to the records for purposes of inquest, the inquest conducted was clearly illegal and the accused should not have been charged with rebellion or any crime for that matter. Moreover, all of the accused are now clearly illegally and arbitrarily detained.
In this regard, the importance of an affidavit of arrest and the requirement that it should be executed by the arresting officer is provided in DOJ Department Circular No. 61 issued on 21 September 1993 captioned “The New Rules on Inquest.”
Finally, it is clear from the records that there was no basis to arrest, handcuff, haul on board buses and bring to Camp Bagong Diwa the members of the media. Thus, there is no mention in any of the police records regarding the incident that members of media were arrested because they were not supposed to be arrested.
18 civilians released:
1.former Vice President Teofisto Guingona
2.Bishop Julio Labayen
3. fromer UP President Francisco Nemenzo
4.Elizabeth Orteza Siguion-Reyna
5. Marie Guingona
6. Fr. Robert Reyes
7. Argee Guevarra
8. JV Bautista
9. Antonio (Tiny) Trillanes III
10. Myrna Buendia
11. Dominador Rull Jr.
12. Romeo Solis
13. Roel Gadon
14. Rommel Loreto
15. Julian Advincula
16. Francisco Bosi
17. Leodor de la Cruz
18. Sonny Madarang
19. Francisco Peñaflor
Charged for Rebellion and still detained in Camp Crame:
1. Sen. Antonio Trillanes IV
2. Brig. Gen. Danny Lim
3. Capt. Gary Alejano
4. Capt. Segundino Orfiano
5. Lt (sg) James Layug
6. Lt (sg) Manuel Cabochan
7. Lt (sg) Eugene Gonzalez
8. Lt. (sg) Andy Torrato
9. Lt (jg) Arturo Pascua, Jr
10. 1st Lt. Billy Pascua
11. Ensign Armand Pontejos
12. Cpl Clecarte Dahan
13. Pfc, Juanito Jilbury
14. Pfc. Emmanuel Tirador
15 .Pfc. German Linde
16. Julius Mesa (former petty officer 3)
17. Cesari Gonzalez (former petty officer 3)
What has gooria got? Keystone cops!!
Ilang araw na lang, Pasko na!
Kung meron mang dahilan upang ipagdiwang natin ang Pasko nang hindi man masagana ay may hatid pag-asang tayo bilang mga magulang ay narito pa upang ipagpatuloy ang pangangalaga sa ating mga supling at pagsasanggalang sa kanilang karapatang pinipilit agawin at alisin ng isang pamunuang manhid sa ating mga karaingan. Isang pamunuang kinakasangkapan ang lahat upang pilit maikubli ang kawing ng katiwaliang kahit ano’ng pagtatago ang kanilang gawin ay kusang gumagawa ng sariling landas upang sumingaw at malantad sa sambayanan at buong mundo ang nakakasukang kabulukan.
Ang sino mang magbitiw ng pagpuna ay itinuturing na mapanligalig at kaaway ng batas gayung silang mga dapat na mangalaga sa ating kapakanan ang unang lumalabag sa batas na nilikha upang sa matuwid ipatupad. Lubog na ang ating buong katawan sa pagkalublob sa kumunoy ng kaapihan at sa bawat munting galaw ng pagwawalang bahala ay nangangahulugan ng kamatayan ng ating pag-asang tayo na rin ang kumikitil.
Kahit araw araw ay umiigting ang mga salitang nagpapadama ng ngalit at silakbo ng kaloobang humahanap ng katarungan ay hindi ito sapat upang mahadlangan ang patuloy na pananalasa ng mga nagpapanggap na lingkod bayan. Mga ganid na walang binabantayan kundi ang balong ng salapi sa kabang bayang ang pinagkukunan ay utang at padala mula sa ibayong dagat ng mga manggagawang ang ipinupuhunan ay dugo upang huwag magutom ang kanilang mga minamahal.
Habang naghihikahos ang karamihan bunga ng kawalan ng pagkakakitaan ay walang habas ang pagwawaldas ng mga kawatan sa pagpapasarap na ang ginugugol ay salapi ng bayan.
Sana, sa pagpasok ng bagong taon ay masumpungan natin ang pagkakaisa upang mas lalong maging matatag at may lakas ang pagsalunga sa unos na nagbabantang tuluyang wasakin ang natitira nating karangalan hindi lang bilang indibiduwal na mamamayan kundi bilang isang lahing ang yumuyurak ay isang nilalang na alipin ng kasibaan at hayok sa kapangyarihan.
Naumpisahan na ang siklab, tayo na ang magpatuloy upang ang alab ay huwag mamatay, bagkus ay ating ikalat, para sa kinabukasan ng ating mga anak!
Mabuhay ang bagong Pilipinas!
Mabuhay tayong lahat!
‘The importance of an affidavit of arrest and the requirement that it should be executed by the arresting officer. DOJ Circular No. 61, the New Rules on Inquest’
Let’s hope that Makati RTC Judge Elmo Alameda will junk the alleged rebellion against Trillanes group based on technicalities. As usual, the police and the DOJ are doing sloppy job. Sometimes they are manufacturing evidence and gather false testimonies to solidify their cases. They are part of the rotten justice system.
If the leaders of the PNP acted professionally and made a self assessment of their operations after each incident they could correct their mistakes – but obviously they do not.
Probe Team, ABS-CBN did a good documentary on the Nov. 29 incident. You can check it out in their website. It’s titled “Trabaho lang, walang personalan” four parts.
http://www.probetv.com/search_result.php?search_id=manila+pen&search_typ=search_videos
Marching in the streets or holding and/or attending a press conference in a five (5)-star hotel, with less than fifty (50) others to boot, is not rebellion. If at all, what took place was a legitimate exercise of the people’s right to peaceably assemble and seek redress for grievances and to free speech. -Atty. Ernesto B. Francisco, Jr.
***
What transpired at the Pen was a test of the very foundations of democracy. Gloria and her cabal only showed that under her the government is NOT “of the people, by the people, for the people”. FAKE president kasi!
Ellen, thank you for the Probe link.
The Probe modern day telecommunication shows the PNP reating it as a military excercise when at most it is treated as a civil disturbance in first world countries.
Maybe this is because it is a hang-up of Martial Law days.
What Probe shows us are many problems but most concerning is that the PNP needs training for rank & file before dealing with such an incident as this which can only be described as being over-kill or organised panic..
Who was in charge of PNP at the scene, don’t tell me it was this Gerry guy because when he was told to “piss off” he did, its on film.
Ang tatapang ninyo, Ellen. Mabuhay kayong lahat na miembro ng media na nandun sa Pen. Tuloy ang laban!
Mabuti at naitago ng media ang mga tapes na ito, it’s a must na makita ito ng mga pinoy!
Haha! Kaya pala nang-snub ang PNP at ibang alagad ni Gloriang Itim, cornered sila sa mga tapes na ito.
Mabuhay ka Gen. Lim!
Mabuhay kayo Sen. Trillanes at Magdalo!
Putris, may sniper pa! Murderer talaga ang administrasyon ni Gloria!
Saludo ako sa iyo, Bibeth!
Saludo ako sa iyo, Prof. Nemenzo!
It was an abuse of power! Most obviously, according to reports there were no lenghty negotiation or face-to-face discussion between two parties, unless I missed it on the reports. Whore Gloria’s dogs when they appeared at the scene with only one goal in mind, no negotiation, but to inflict as much bodily damages to Trillanes, Lim and Company inside the Manila Pen, including the media and innocent people, collateral damages, matter not. In charge of the operation could’ve easily walk-in inside the Manila Pen and had a sit down negotiation, but it didn’t happen. It was, “Shoot first, explain later operation.” It was always been the whore Gloria’s policy all along, since she knew very well the justice dept. will only give her and her dogs a tap on the wrist. Oncer again, all this will be forgotten, including the authorities atrocities on Nov. 29, 2007, instead they’ll be hailed as heroes and promoted to a cushy positions in whore Gloria’s enchanted kingdom. It’s a doggone shame of what our country has became, only because of one 4′-6″ whore.
Buwagin na iyang PNP ni Gloria, sa halip na mangalaga sa mga tao ay sila ang nananakot! After seeing the documentary, sino pa ang magtitiwala sa mga pulis Pinas na ever ready na pumatay para sa kanilang pekeng pangulo.
Overacting ang mga pulis ni Gloria Orinola!
Ellen, thanks for the link. Crystal clear kung ano ang tunay na nangyari sa Manila Pen at kung sino ang mga abusado!
Salamat din sa mga gumawa ng documentary.
Sa media, tunay kayong bantay ng ating aping bayan!
Better luck next time! It’s unavoidable, time shall dictate, and everything must come to an end, including whore Gloria dictatorial rule. History will judge whore Gloria harshly, extremely severe as the Pilipinos treated the Marcosses. Be that as it may, in the end, Pilipino nation will always be the loser. Another set back to progress!
Keystone Cops? Hardly.
I can only imagine the smirk on whore Gloria’s face when they captured Trillanes, Lim and Company. I could almost hear whore Gloria saying to herself, and perhaps with Mickey, “those fools should’ve a take a page or two in my book of how to do a coup d’etat.”
One good thing came out on Nov. 29 Manila Pen event, it broke the monotony, and kept whore Gloria awake that there are those willing to do the right thing, expose whore Gloria for what she really is, a whore.
Agree, Tony.
The Pen incident “broke the monotony, and kept whore Gloria awake that there are those willing to do the right thing”.
Hi Maám Ellen,
Sa wakas po eh natauhan na ang iba nating taga-media, medyo disappointed ako sa kanila noong Erap impeachment at EDSA III.
Marami sa kanila eh naging Pro-GMA, at talagang grabe ang ginawa nilang panglilibak kay ERAP, ofcourse ang biktima dito eh 11M na bumoto sa pobre.
Sinubaybayan ko po talaga ang mga pangyayaring ito sapagka’t dito ko napagtanto na napakarami ang naloko ng gobyernong Arroyo lalo na sa hanay ng mga taga-Media.
Buti naman at nagising na sa katotohanan yong iba nýong kasamahan sa media, at patuloy ang paghanga ko sa inyong hanay Maám Ellen at kina Mr. Nestor Mata, Duck Paredes, Ninez Cacho-Olivares at iba.
Tanging ang Malaya, Abante Tonite at The Daily Tribune ang siya kong binabasang pahayagan, kasi eh nandito ang mga totoong tao at mamamahayag na may pagmamahal sa Bayan at kapwa-tao.
Another lesson learned, “you can’t do it alone, or very few, it takes a great numbers to succeed,” from the book of whore Gloria. It’s the way democracy works, majority rule. And, right now, sadly, whore Gloria got the upper hand, the majority that’re willing to do her dirty work in exchange to brown bags. And, whore Gloria are full of it.
Nothing has changed. The issue is Gloria Arroyo, her legitimacy, corrupt practices and tyrant rule. The ouster of Gloria Arroyo is the right thing to do. The GMA government forces are in panic. Arbitrary arrest among media men is a tint martial rule.
Mam Ellen,
Halo-halong emotion po ang naramdaman ko habang pinanonood ko ung “The Probe” report at habang binabasa ko po ang report ni Atty.Ernesto B. Francisco Jr. Napakabuti po ng Dios dahil hindi nya hinayaang hindi mailabas ang katotohanan. The bible says in “1Cor.4:5b He Will bring to light what is hidden in darkness and will expose the motives of men’s heart”.
Salamat sa mga media people at mas pinili ninyong ilabas ang katotohan kung sino talaga ang umabuso ng kanilang kapangyarihan. Salamat po sa mga media people at di kayo pumayag na magpa gamit sa administrasyong Arroyo,Napanood na po ito ng buong mundo at nalaman nila ang tunay na nangyari sa loob at labas ng Manila Pen. Ni walang isang magdalo soldiers ang nang abuso ng kanilang armas. Sina Sen.Trillanes,Bgen.Lim ay Walang hangad na guluhin ang ating bayan, ang tanging nais lamang nila ay maalis sa kanyang comfort zone ang totoong nanggugulo sa ating bayan wlang iba kundi si GMA.
This is my message to Sen.Trillanes,Bgen.Lim,Magdalo soldiers,media people & other civilian group at the manila pen.People may not reward you or thank you for your actions, but when God & our Nation is your reason for serving, All of you receive an even GREATER REWARD IN RETURN.Mabuhay po kayong lahat!
Hwag po kayong panghinaan ng loob sa inyong pinakikipaglaban. Dahil marami pong nananalangin sa inyo. Hindi man po naging matagumpay ang laban natin nung Nov.29 it doesn’t mean that God denied our prayers.Because i believe DELAY IS NOT A DENIAL.Maraming salamat po sa inyong lahat! Mabuhay si Sen.Trillanes, Bgen.Lim & the magdalo soldiers. Mabuhay ang mga mamamahayag ng Pilipinas.WALANG IWANAN,WALANG AYAWAN,WALANG AWAYAN.TULOY ANG LABAN!!! GOD BLESS THE PHILIPPINES!!!
Magno, check your inbox.
Security Bulletin:
Microsoft has issued three critical patches out of eight recently released. I would suggest to those using Windows and Internet Explorer to check for updates NOW!
Read the news here :
http://www.news.com/Microsoft-releases-critical-patches/2100-1002_3-5568203.html
or
http://www.sophos.com/pressoffice/news/articles/2007/12/mspatchdec07.html
or
http://www.msnbc.msn.com/id/6936372/
Ellen,
of course atty. francisco will say that. he is the counsel for some of the accused!
so in the spirit of the free-flow of ideas, you should also feature the argument of state prosecutor emmanuel velasco
tongue,
got it.
thanks.
In the spirit of balanced presentation, I second the motion.
Ka Enchong,
thanks
one question, and this is embarrassing for me, but ill ask it just the same (eh talaga namang di ko alam) – how do you make a ‘blurb’ like that when posting? (giving a quotation a different layout from the rest of the post) salamat in advance!
ASIII,
“
”
Tanggalin mo lang yung quotation marks.
Di na natuloy ang beer natin nung umuwi ako. Nawala ka kasi bigla e.
ay mali. take 2:
write blockquote in between the less than and greater than signs before the text you want to quote. do the same at the end of the text but type in a slash right before the word blockquote. Try.
Ka Enchong,
maraming salamat! yehey, i just learned a new thing today!
i hope you pursue your ‘third force theory’ in this blog. its a complete departure from the views of most bloggers here, who never look beyond gloria stepping down
may i invite you to visit ‘Ang Tagal Naman’ at
http://angtagalnaman.blogspot.com/2007/12/wala-na-bang-iba-manifesto.html
it contains a timer that counts down the remaining time of gloria until June 30, 2010! honestly, isa na ako dun na naiinip na!
Toney Cuevas Says:
December 16th, 2007 at 11:03 pm
Another lesson learned, “you can’t do it alone, or very few, it takes a great numbers to succeed,” from the book of whore Gloria.
—Toney, according to Erap himself, he told Trillanes to plan better and do it better next time. Kaya hindi nagtatagumpay ang mga coup kasi kulang sa plano at palpak ang strategy. If any group wants so succeed in ousting GMA, they better do it right. What if Trillanes and his group succeed? They are now called “heroes”. Since they failed, they are branded as rebels. Ganyan din sina Enrile, Gringo at iba pa noon. Kung pumalpak sila noon, rebelde ang tawag sa kanila. Kung sa ibang bansa lang, execution by firing squad ang mga rebels. Talagang ganyan. The point is…if you’re not sure of 100% success, don’t even try.
Marami na tayong naiinip. Itong pagkainip na ito ang sanhi ng nasasaksihan nating “anybody but Gloria” syndrome dito and in most blogs. I must admit that a possible change in government, rightly or wrongly, legal or otherwise, all of a sudden, bacomes so tempting dahil sa pagkainip na ito. We have to be very careful, though, unless we are ready to face an endless cycle of putting up governments and replacing them as soon as they start displeasing us.
I believe that while we’re at looking for possibilities of forcing this government to cut cleanly sooner than 2010, we should already be on the lookout for possible leaders post-GMA. Sana, this time yung mga karapatdapat. Why don’t we start listing names down?