Justice Secretary Leila M. De Lima said that although Moro
Islamic Liberation Front (MILF) chief negotiator Mohagher Iqbal may have
violated the law with his use of a "nom de guerre" or “war name”, he
cannot be charged due to the ongoing peace talks.
In a 12-page position paper issued on Friday, De Lima
explained that under Article 178 of the Revised Penal Code (RPC), those who are
using not their real name to evade a crime or a sentence, shall be fined the
amount of not more than Php 500,000 and shall be penalized with an imprisonment
of up to six months.
On the other hand, under Republic Act No. 6085, the use of
an “alias” or “pseudonym” are only allowed in the literary works, television,
radio and athletic events.
However, De Lima said, Iqbal cannot be prosecuted, as well
as the other rebels such as the National Democratic Front-New People’s Army
(NDF-CPP-NPA), Moro National Liberation Front (MNLF), MILF and RPP-ABB (Alex
Boncayao Brigade) who are negotiating with the government.
De Lima added that this is the effect of the “agreement on
safe conduct and security guarantees” signed by the government.
The DOJ Chief noted that the guarantees granted by the
government to the rebels included the grant of “safe conduct”, together with
the "freedom from seizure, detention, restraint or harassment” while the
peace talks are ongoing.
De Lima said that this condition was provided for under the
“Government of the Republic of the Philippines-MILF Agreement on Safety and
Security Guarantees” which was signed in Cotabato City
on March 9, 2000.
In short, De Lima said, the approval by the government of
the use of nom de guerre was considered as a “confidence building measure” to
pursue the peace talks.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=753899
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