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OO RUEHCHI RUEHDT RUEHHM
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O 080042Z JUN 07
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6876
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE

UNCLAS SECTION 01 OF 02 MANILA 001904 
 
SIPDIS 
 
!!!!!!!!!!!!!!! C O R R E C T I O N !!!!!!!!!!!!!!!!!!!!!! 
PLS IGNORE MANILA 1904 RETRANSMITTED IN ERROR......THKS 
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!! 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MTS, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PINR RP
SUBJECT: SUPREME COURT STRIKES DOWN REBELLION CHARGES 
AGAINST LEFTIST LEADERS 
 
REF: A. MANILA 1215 
 
     ¶B. 06 MANILA 2154 
     ¶C. 06 MANILA 1965 
     ¶D. 06 MANILA 1162 
     ¶E. 06 MANILA 1021 
 
MANILA 00001904  001.2 OF 002 
 
 
¶1. (SBU) Summary: The Philippine Supreme Court on June 1 
dismissed rebellion charges against six leftist Members of 
Congress for alleged plans to overthrow the Arroyo government 
in February 2006.  In a sharply worded decision, the Supreme 
Court ruled that the state prosecutors had erred in finding 
probable cause to arrest and indict the leftist politicians 
on charges of rebellion, and accused the Department of 
Justice of using these prosecutions for "political ends." 
The Administration has indicated its intent to file a motion 
for reconsideration.  The decision is yet another 
demonstration of the Supreme Court's judicial independence 
following several landmark decisions against the 
Administration over the last twelve months.  End Summary. 
 
---------------------------- 
Beltran and the Batasan Five 
---------------------------- 
 
¶2. (U) Immediately following President Arroyo's imposition of 
a "State of National Emergency" on February 24, 2006, 
government authorities arrested leftist 74-year old Anakpawis 
party-list representative Crispin Beltran and accused him of 
plotting to overthrow the Arroyo Administration.  The 
prosecutors cited charges dating back to the Marcos era in 
order to justify the arrest, which was conducted without a 
new warrant.  As his case moved through the courts in 2006, 
Beltran remained in custody, briefly at police headquarters 
at Camp Crame and then under extended medical supervision at 
a local hospital. 
 
¶3. (U) Shortly after Beltran's arrest, the government also 
filed rebellion charges against five other leftist party-list 
representatives in Congress -- Satur Ocampo, Teddy Casino, 
Joel Virador, Liza Masa, and Rafael Mariano -- whom the 
military accused of being fronts for the Communist 
insurgency.  These five, known as the "Batasan Five" after 
they eluded arrest and found refuge within the House of 
Representatives building ("Batasang Pambansa") for more than 
two months.  They finally left the Congressional complex on 
May 8, 2006, when a local court dismissed the Department of 
Justice's charges against them.  However, the Department of 
Justice re-filed the same case in a different trial court, 
which upheld the charges.  Speaker of the House Jose de 
Venecia negotiated with DOJ and PNP to take the five members 
back under the protective custody of the House until 
authorities withdrew the threat of actual arrest.  This 
agreement did not cover Beltran, whose case had been filed 
separately. 
 
---------- 
The Ruling 
---------- 
 
¶4. (U) Because the Beltran and "Batasan Five" prosecutions 
flowed from mostly the same facts, the Supreme Court 
consolidated the two cases.  The Court ruled on June 1 in 
favor of Beltran and the Batasan Five, finding that there was 
insufficient evidence against them.  The verdict stated that 
the prosecutors' preliminary investigations were "tainted 
with irregularities" that had "trivialized" the case, and 
described the rebellion charges as a "sham."  The Court 
ordered the immediate halt to the prosecutions and also 
dismissed two earlier rulings by the trial court that had 
initially sustained the findings of probable cause.  The 
Court pointedly added that "we cannot emphasize strongly 
enough that prosecutors should not allow, and should avoid, 
giving the impression that their noble office is being used 
or prostituted ... for political ends." 
 
¶5. (U) The "Batasan Five" decision came two months after a 
separate Court decision that, unusually, allowed Congressman 
Ocampo to post bail on fifteen counts of murder of suspected 
counter-revolutionaries during a purge within the Communist 
Party of the Philippines between 1985 and 1991. 
 
------------------------ 
Administration to Appeal 
------------------------ 
 
¶6. (SBU) According to Assistant Chief State Prosecutor 
Richard Fadullon, the Supreme Court decision will become 
final on June 16 (or 15 days from issuance).  During the 
 
MANILA 00001904  002.2 OF 002 
 
 
interim, the government has the right to file a motion for 
reconsideration with the Supreme Court.  Justice Secretary 
Raul Gonzalez initially stated that he had expected this 
unfavorable ruling following Ocampo's release and predicted 
that it would be a "waste of time" to appeal.  However, Press 
Secretary Ignacio Bunye on June 2 issued a statement calling 
 
SIPDIS 
the ruling "a setback for the government's anti-insurgency 
efforts" and promising that the Administration would indeed 
immediately appeal.  Fadullon confirmed on June 6 that the 
Administration was preparing its appeal.  Should the decision 
stand, the Supreme Court would then order the trial court to 
dismiss the case, after which the trial court could order 
Beltran's release. 
 
¶7.  (SBU) While the Supreme Court decision applies to 
rebellion charges against Beltran, several sedition charges 
against him in connection with "seditious utterances" during 
the People Power anniversary on February 24, 2006, remain 
pending.  Fadullon admitted privately that it was still 
unclear whether the sedition case had been resolved.  He 
added that Beltran's legislative immunity, which applies to 
crimes for which the punishment is six years or less, would 
permit his release during the judicial process, as sedition 
carries a maximum penalty of six years.  (Legislative 
immunity did not apply to rebellion, which carries a higher 
penalty.) 
 
------- 
Comment 
------- 
 
¶8. (SBU) Despite long-standing concerns that President 
Arroyo's many appointments to the Supreme Court, including 
the current and past Chief Justices, would leave it beholden 
to the Administration, its track record since 2006 has 
demonstrated clear judicial independence, with repeated 
rulings against the Administration in key cases: the People's 
Initiative for Charter Change; the declaration of a State of 
National Emergency; the policy of calibrated pre-emptive 
response during the February 2006 protests and rallies; and 
an executive order that barred executive branch members from 
testifying before Congress (reftels). 
 
Visit Embassy Manila's Classified SIPRNET website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
 
You can also access this site through the State Department's 
Classified SIPRNET website: 
http://www.state.sgov.gov/ 
KENNEY