Judge Pozon should handle Ka Bel's rebellion case

News Release December 14, 2006

The spokesperson of the Free Ka Bel Movement Dennis Maga today said that Makati Regional Trial Court Judge Benjamin Pozon should be the one to handle the case of detained solon and veteran labor leader Anakpawis Representative Crispin B. Beltran.

"It could well be that if it was Judge Pozon' sala Ka Bel's case landed in, Ka Bel would've been freed long before. Judge Pozon appears like a man of integrity and a genuine sense of justice. Neither is he afraid to stand up against Malacanang in defense of what he believes to be right. Here's a man who has an independent mind, a sense of patriotism, and a working conscience," Maga said.

Maga said that Ka Bel has been detained since February 26, 2006 on impossible-to-prove and substantiate charges of rebellion and collusion with disgruntled members of the military to remove Pres. Gloria Macapagal-Arroyo from office.

"It's been almost ten months since the arroyo government had Ka Bel arrested, and since then it has failed to prove the charges against him. Hardly surprising since the charges are all fabricated," he said.

"We decry the slowness of the court proceedings and the unfairness of Makati Judge Elmo Alameda. We seek the indulgence of the Supreme Court and approve our petition for certiorari. The Beltran's lawyers are urging the High Court to set aside the Orders dated May 31, 2006 issued by Makati RTC Judge Encarnacion Jaja G. Moya and the Order dated August 29, 2006 issued by Judge Elmo M. Almeda which denies Beltran's Motion for Reconsideration. They also seek the High Court's intervention by having it enjoin respondents Judge Alameda and Sec. Gonzalez, from proceeding with the hearing on the rebellion case.

His lawyers led by Atty. Romeo Capulong said that the Supreme Court is respectfully being petitioned to impose a special civil action for Certiorari and Prohibition under Sections 1 and 2 of Rule 65 of the 1997 Rules of Civil Procedure.

"We seek the SC's support and ask it to order the setting aside and annulment of the May 31, 2006 Order issued by Judge Encarnacion Moya which finds probable cause against Ka Bel for the crime of rebellion; and the setting aside and annulment of the August 29, 2006 order by Judge Alameda, denying Ka Bel's Motion for Reconsideration of the May 31, 2006 order," said Maga.

Sec. Gonzalez is in charge of the prosecution against Rep. Beltran. Judge Moya is the presiding judge of RTC Makati, Branch 146 Judge Alameda is the presiding judge of RTC Makati, Branch 150.

Maga said that as they have been consistently arguing since February when Rep. Beltran was first arrested, there are no records to show that he was 'lawfully arrested.' "Ka Bel was not arrested for rebellion but for the alleged charge of inciting to sedition, in gross violation of his constitutional privilege of immunity from arrest; none of the 'arresting' officers had any 'personal knowledge' of facts indicating that petitioner attended a meeting on February 20, 2006 with 1Lt. San Juan and form a tactical alliance to overthrow the government."#