Court faces problem proceeding rebellion charges against Misuari

From the Zamboanga Today (Dec 16): Court faces problem proceeding rebellion charges against Misuari

The court is facing difficulty in proceeding the case against Moro National Liberation Front (MNLF) founding leader Nur Misuari and his close aide Habier Malik, because they are at large.

“This is really a big problem but we rely on our arresting officers... they still don’t know where Misuari is now and so with Malik if he’s still alive or dead,” City Legal Officer Atty. Jesus Carbon told reporters.

“So kailangan maayos ito but the case will proceed against the others but the case against Malik and Misuari can’t but anytime they are arrested, trial will be conducted against them,” said Carbon.

According to Carbon, the case against Misuari is very strong because the people of Zamboanga saw what happened during the September siege and that there are evidences such as the firearms confiscated by authorities.

“All the records are now in Manila, Judge Eisma personally brought boxes of records to Manila, the city prosecutors also brought records to the DOJ,” said Carbon.

“There are several witnesses, one of them is Mayor Beng Climaco,” said Carbon. “Although we are advising her maybe not to be witnessed, she is the chief executive of Zamboanga City local government.”

Carbon also raised the problem about the transportation of MNLF prisoners from Zamboanga City to Manila.

“The problem again will be the transporting them to Manila... iyung transport na lang... we hope it will not drag long... there are some questions on security because they might sabotage, but it’s not in our hands anymore,” Carbon added.

Anytime there is a plane we can transport them, it will take three trips of C-130 to Manila, there are 270 plus of them, the schedule, as soon the C-130 is available... and their counterpart in Manila is ready to receive them.”

The retired judge also revealed that the Department of Justice (DOJ) appointed 5 prosecutors to handle the case in Manila.

The DOJ has filed rebellion charges and violation of the International Humanitarian Law (Republic Act 9851) against Misuari and several others including Malik involved in the September assault on Zamboanga City.

The charges were filed before the Zamboanga City Regional Trial Court.

There are 277 MNLF rebels loyal to Misuari including four top commanders, some women and minors were charged and now under detention at the San Ramon Prison in Ayala, the city reformatory center and at Culianan for children center.

The court said the attack on Zamboanga resulted in several casualties and extensive damage within the city, particularly in barangays Mariki, Rio Hondo, Sta. Barbara, Sta Catalina, Kasanyangan, Talon-talon and Mampang, among others.

Authorities said the rebellion charge stemmed from Misuari and his men’s taking up arms and attacking members of the police and military, as well as innocent civilians and by committing “acts of murder, pillage, disorder, looting, arson and destruction of private and public properties.”

The case filed focuses on the armed men’s acts of violence against the residents who did not take an active part in the armed hostilities and taking non-combatant civilians as hostages while fighting with government forces which led to the deaths of many people, and injuries to civilians.

It also dealt with the armed group’s forcible opening of houses, taking about 300 hostages which the Misuari’s followers used as human shields and the burning of thousands of houses and building, both public and private, causing a damage amounting to millions of pesos.

The Zamboanga prosecutors did not recommend any bail for the MNLF leaders while a P200,000 bail was recommended for their followers. No bail was also recommended for the violation of RA 9851.

Last Sept. 9, Misuari’s followers entered Zamboanga City and occupied some villages, taking civilians as hostages. But government forces retook the MNLF-controlled areas and declared the crisis over by Sept. 28.

The incursion sparked three weeks of street battles with elite military forces that forced more than 100,000 people to flee their homes. Over 200 people died in the Zamboanga City crisis.

Police raided the house of Misuari in Zamboanga City after a search warrant was issued by a local court. Though Misuari was not there, documents and suspected components of improvised explosive devices (IEDs) were among the items found in his house.

President Benigno Aquino III said Misuari faces charges of rebellion as well as illegal possession of explosives.

Also, the Philippine National Police Criminal Investigation and Detection Group lodged criminal charges against Malik and hundreds followers of Misuari.

Rebellion charges were filed against Misuari in 2001 for allegedly ordering MNLF forces to attack government troops in Sulu to prevent the holding of new elections. More than 100 people were killed in that incident.

Misuari then escaped by boat to Malaysia, where he was arrested and deported to the Philippines. He was put under house arrest while his case was being heard before the Makati Regional Trial Court Branch 59.

He was allowed to post bail in 2008.

In 2009, Makati Judge Winlove Dumayas dismissed the rebellion charges after the prosecution failed to produce enough evidence to prove his guilt.
The acquittal came a day after Misuari filed his certificate of candidacy for Sulu governor under the Bangon Pilipinas party led by Bro. Eddie Villanueva. Misuari ran for the same post in 2007, but lost to then re-electionist Abdusakur Tan.
http://www.zamboangatoday.ph/zamboangatoday/index.php/top-stories/16230-court-faces-problem-proceeding-rebellion-charges-against-misuari-.html