July
31, 2002
Pasig
City – The Legal Defense Panel for Chairman Nur
Misuari of the MNLF and the Bangsamoro Lawyers League
after serious consultations on the proposal given by Father
Eliseo Mercado, President of Notre Dame University of
Cotabato last July 26, 2002 for the exile of Chairman Misuari
and release of his co-accused provided that while on exile in
Saudi Arabia he will not be critical or attack the
administration of President Gloria Macapagal Arroyo for two
years.
Father
Mercado claims that he has brought this matter to the
attention of President Arroyo when she visited Davao City. It
was based on the resolution of the Pro-Misuari MNLF Leaders
meeting at Kabakan, Cotabato asking for the exile of Chairman
Nur Misuari. The
MNLF group led by former ARMM Governor Alvares Isnaji also
made the similar petition or statement in Zamboanga City last
April 2002. Even
the Muslim political leaders like Deputy Speaker Jerry
Salapudin and others have aired the same views. Chairman
Salamat Hashim of MILF also supports the demand.
The
present status of the rebellion charge against Chairman
Misuari and his co-accused has been turned over by RTC Judge
Geraldez of Calamba, Laguna who has granted the Motion for
Preliminary Investigation because none was not conducted
either by the Municipal Trial Court Judge of Jolo or the DOJ
when they filed the information at the RTC of Jolo, Sulu on
January 3, 2002. Motion
for Reconsideration has been filed by the Defense to ask the
Court to Quash the Warrant of Arrest or release on bail the
accused because there was no finding on probable cause
by MTC or RTC of Jolo, Sulu and the DOJ since no preliminary
investigation was conducted. RTC Judge of Jolo, Sulu signed
the Warrant of Arrest in Zamboanga City on January 7, 2002
without seeing a single witness.
The Defense is also asking that the preliminary
investigation be conducted in Jolo, Sulu by the provincial
state prosecutor or a special prosecutor since that is where
the crime was allegedly committed.
The
idea of exile is welcome, however, it is not
provided for in the constitution or in the revised penal code
as a legal penalty that can be imposed on any person accused
on a crime since exile is a penalty. In
order to strengthened the peace process and comply in the OIC
Resolution to fully implement the final peace agreement of
1996, then it is important that Chairman Misuari who is a
signatory to the agreement be a participant on the leadership
level to attain the goal of full and effective implementation.
The proper solution is for the DOJ to agree on the
“Quashing on the Warrant of Arrest or the Petition for Bail”
and continue the preliminary investigation.
We are confident that the innocence of Chairman Misuari
and the co-accused shall be proven. Then he can go on exile as
an innocent man.
While
Chairman Misuari is on provisional liberty, discussions with
the OIC and GRP can be started and continue the process of
implementation within a time frame agreed upon by the parties.
A strategy and operational plan can be made and agreed upon by
the MNLF, MILF, AFP and the PNP with the participation of the
OIC in order to eliminate all forms of gangs engaged in
kidnapped for ransom, illegal drug trade, smuggling, bank
robberies and other heinous crimes that should be achieved
within a two year frame work.
Socio-Economic and relief rehabilitation projects must
be started immediately in order that the people will believe
in the programs and policies of government.
Chairman
Nur Misuari, as well as, the MNLF leadership of all groups and
the Bangsamoro Multi-Sectoral groups welcome the political
solution which can use as precedent the dropping of the
charges of rebellion against Chairman Salamat Hashim and other
MILF leaders when President Gloria Macapagal Arroyo assumed
the Presidency and renewed agreement for peace and development
with the MILF. MILF went to war against the Estrada
administration while Chairman Nur Misuari did not but sought
safety in Malaysia. Surely, a policy of even handedness will
be better for the government.
Issued
by Atty. Macapanton Y. Abbas, Jr.
