Sen Trillanes, general granted temporary liberty

Detained Senator Antonio Trillanes IV and 17 others who have been charged with rebellion for seizing and taking over a hotel in Makati City in 2007 have been granted temporary liberty by a local court.
Judge Elmo Alameda of Branch 150 of the Makati City court set P200,000 bail each for Trillanes and the 17, including Brigadier General Danilo Lim, who is running for senator in the May elections under the Liberal Party.
Aside from Trillanes and Lim, allowed to post bail were Captain Gary C. Alejano; Lieutenant Senior Grades Eugene P. Gonzalez, James Layug, Manuel Cabochan and Andy Torrato; Lieutenant Junior Grade Arturo Pascua jr.; Captain Segundino Orfiano Jr.; 1Lieutenant Billy Pascua; Corporal Clecarte D. Dahan; Privates First Class Juanito Jilbury, Emmanuel Tirador, German Linde, Julius Mesa, Cesari Yasser Gonzales; 2nd Lieutenant Jonnell P. Sangalan and Ens Armand Pontejos
In the order he signed Tuesday, Alameda allowed Trillanes, Lim, and the 16 military officials to be released while their case for rebellion was being heard in court.
Alameda said the evidence presented by the government, so far, supported the charge of direct contempt of court against the accused, but not the charge of rebellion.
“An actual clash of arms with government forces is not necessary to make one liable of rebellion,” Alameda said in her 16-page decision.
"No direct, material and competent evidence adduced to prove the specific act committed by the accused constituting the crime of rebellion or any of the elements thereof. The walkout from the court, the marching to the Manila Peninsula hotel and the press conference held in the same hotel denouncing the administration of President [Gloria Macapagal-]Arroyo are not sufficient to prove the non-bailable crime of rebellion," she said.
The walkout staged by the accused in the middle of a hearing for their role in the 2003 mutiny at the posh Oakwood Apartments in Makati could only be considered an act of direct contempt of court and not rebellion, said Alameda.
Citing the Revised Penal Code, Alameda said the elements of rebellion were:
1. That there be a public uprising and taking arms against the government;
2. That the purpose of the uprising is either to remove the allegiance to said government or its laws-the territory of the Philippines or any part thereof or any body of land, naval or other armed forces; or
3. To deprive the Chief executive or Congress wholly or partially of any of their powers and prerogatives.
Alameda said the prosecution failed to prove that all the accused rose publicly and took arms against the government.
“A thorough evaluation of the evidence presented during the entire bail hearing will readily show that the prosecution failed to demonstrate that the evidence of guilt of the accused for the crime of rebellion is strong to foreclose their right to bail,” she said.
“More specifically, the prosecution failed to demonstrate that: a) the accused were involved in public uprising or an armed public uprising by substantial number of rebels; b) the accused took up arms against the government; c) there was a vast movement of men and a complex net of intrigues and plots; d) there was a civil war on a bigger or lesser scale; and e) the Chief Executive was deprived wholly or partially of her powers and prerogatives,” she said.
Alameda also said that while prosecution was able to establish that two of the four assault rifles with loaded magazines where found positive of gunpowder, not one of the witnesses was able to positively identify the owner of the confiscated firearms.
Alameda noted that the testimony of Police Senior Inspector Fernando Reyes, deputy chief of the Philippine National Police (PNP) CIDG-NCR, has no value because although he heard Trillanes call for a withdrawal of support for the Arroyo government, his account was based on a TV monitor that was positioned outside Manila Peninsula.
“Simply stated, the prosecution failed to lay sufficient foundation on the admissibility of his testimony. At most, the prosecution should have presented an authenticated DVD disk showing the footages relating to the testimony of PSI Fernando Reyes,” the court said.
Trillanes, Lim and the 16 military officers are still facing charges for the short-lived mutiny in 2003 and unless they are released on bail in that case, rules of court state that they will have to remain in jail.

source: inquirer.net