charges can’t be dropped, says Zambo lawyer
Unless the dismissal of the case is made in court, the rebellion cases against fugitive Moro National Liberation Front (MNLF) chair Nur Misuari and his suspected followers can't be dropped.
This was underlined by the city government legal officer in connection with the 23-day Zamboanga crisis in September 2013 that left more than 200 people dead and displaced over 120,000 residents.
Lawyer Jesus Carbon underlined that while they give President-elect Rodrigo Duterte due respect but no case can't be dismissed even by the president unless the dismissal is made with the court.
"I hope he (Duterte) sees Misuari before he takes his oath as president because it would be different if he is already a president," Carbon said.
He added that Misuari is a fugitive from justice and that Duterte, being the president and the chief law enforcer of the country, it would be his duty to arrest the MNLF leader who is charged of rebellion and crimes against humanity.
"But that is really up to the president, but we will continue our (legal) fight." the lawyer further said.
When asked whether the president could be impeached for Misuari's rebellion case reason, Carbon replied: "I should not have said that we will be in trouble."
Saying that it's not really a culpable violation of the Constitution, Carbon said "just like what they did to Corona (Chief Justice Renato Corona) he was, or what Senators Bongbong Marcos and Miriam Defensor Santiago had said, not an impeachable offense."
Both Marcos and Santiago, who voted to acquit Corona of the charges lodged against him by the House of Representatives on Dec. 12, 2011, shared the same view that Corona's failure to declare his dollar accounts in his statement of assets, liabilities and net worth (SALN) was not an impeachable offense.
The late Chief Justice was the first Philippine magistrate to be impeached and convicted, and his trial is the first of its kind to be concluded in Philippine history. He was the third official, after former President Joseph Estrada in 2000 and Ombudsman Merceditas Gutierrez in March 2011,
impeached by the Congress.
Pressed further on reports that the arrest warrant against Misuari already lifted, Carbon said, "It's only the court who can recall the warrant of arrest. If there is a warrant of arrest that should be served by the chief law officer of the country.
Carbon added that if there is an order (lifting the arrest warrant) coming from the highest office of the land that could be an obstruction of justice.
"The incoming president can't order. He is a good lawyer coming from San Beda. Well, if it is good for the country then maybe we should give a chance, but legally you can't prevent anyone from talking to somebody, he knows maybe what he is doing....we are seeing change now."
Late last month, Duterte was reportedly planning to fly to Sulu to talk with Misuari after one of the MNLF faction senior officials complained of being snubbed when they tried to meet with the mayor after the May 9 elections.
Duterte denied allegations that he snubbed the MNLF commanders when they were in his city. On that day, Duterte spent more than 20 hours receiving well-wishers.
The incoming president has been vocal about his desire to restart the peace process in Mindanao, saying he is willing to pursue talks with the MNLF.
There were unconfirmed reports which circulated in the city that Duterte is willing to grant Misuari an amnesty which could be used by the fugitive MNLF chairman to already move around freely.
Carbon said the reported granting of amnesty on Misuari is a presidential prerogative, not pardon.
"Amnesty is a political action in order maybe you want to have peace you have to grant amnesty to these people," he said.
Meanwhile, Mayor Ma. Isabelle "Beng" Climaco-Salazar pointed out that when the prosecutor's office from Manila came over to the city of Zamboanga, they were told that the documents to convict Misuari were already set.
"But somebody called at that time so there was an intervention,'" Climaco said, citing that due to the poor relationships between the government and Misuari, particularly the Office of the Presidential Adviser on the Peace Process, we are the victims."
"Now the question under the change, the people expecting, and under a hopeful leader that tries to bridge the unity in Mindanao, how can we also prevent local government unit like us from being victims?" she asked.
Climaco has been blaming the OPAPP for neglecting a request of the city government and the Regional Development Council for guidance on how to deal with the MNLF. MGP News
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