Beltran's lawyers file motion at High Court

Detained Anakpawis Representative Crispin Beltran's lawyers Atty. Romeo T. Capulong and Atty. Rachel Pastores today filed a motion asking the Supreme Court to make it's decision on Beltran's release from detention final and executory. The lawyers were accompanied by Beltran's wife Rosario Soto-Beltran, daughter Ofelia Balleta, and officials of Anakpawis Cherry Clemente, secretary-general; and Anakpawis Rep. Rafael Mariano.

Beltran respectfully asked the Supreme Court to supplement its previous decision to junk the rebellion charges against Beltran and the Batasan 5 with a provision declaring the finality of the decision and the necessity for its immediate implementation.

"I hope that having given me a heady foretaste of freedom, the SC will now proceed to grant me my full liberty."

Entitled to bail

In this latest petition, Beltran's attorney's reiterated that the SC has already ruled that there is no probable cause for rebellion against Beltran and hence makes him entitled to bail.

"To repeat, none of the affidavits alleges that Beltran is promoting, maintaining, or heading a Rebellion. The Information in Criminal Case No. 06-452 itself does not make such allegation. Thus, even assuming that the Information validly charges Beltran for taking part in a Rebellion, he is entitled to bail as a matter of right since there is no allegation in the Information that he is a leader or promoter of the Rebellion. However, the Information in fact merely charges Beltran for "conspiring and confederating" with others in forming a "tactical alliance" to commit rebellion. As worded, the Information does not charge Beltran with Rebellion but with Conspiracy to Commit Rebellion, a bailable offense."



Unlawful, warrantless arrest

In the meantime, regarding the SC's ruling that the inquest proceedings against Beltran is void, the lawyers reiterated that the SC has also ruled that the warrantless arrest made against Beltran on February 25, 2006 was unlawful.

"These are all grounds for Rep. Beltran's immediate release upon the filing of this Petition and in our pleadings in the lower court," referring to the Makati Regional Trial Court Branch 150 where the rebellion case against Beltran is being heard.

Atty. Capulong also said that it was relevant to stress that all the other petitioners in the three consolidated cases including Reps. Satur Ocampo, Liza Maza, Teodoro Casiño, Rafael Mariano and Joel Virador along with the other petitioners, remain free and continue to enjoy not only their freedom outside of detention but also, and more importantly, their mandate to perform their duties as members of the House of Representatives during the past 15 months.



Equal protection under the law

Atty. Capulong cited an analogous case the SC ruled on the mandate of equal protection.

"They would thus stress that, contrary to the mandate of equal protection, people similarly situated were not similarly dealt with. What is required under this constitutional guarantee is the uniform operation of legal norms so that all persons under similar circumstances would be accorded the same treatment both in the privileges conferred and the liabilities imposed. As was noted in a recent decision: "Favoritism and undue preference cannot be allowed. For the principle is that equal protection and security shall be given to every person under circumstances, which if not identical are analogous. If law be looked upon in terms of burden or charges, those that fall within a class should be treated in the same fashion, whatever restrictions cast on some in the group equally binding on the rest. (Gumabon, et. al. vs. Director of Prisons, G.R. No. L-30026, January 30, 1971. 37 SCRA 420)," he said.

"Ka Bel should be released immediately also on these grounds. His case and that of the Batasan 5 are identical, if not analogous; but he's the only one incarcerated," he said.