Ocampo, Casi±o and fellow party-list representatives Liza Maza, Joel Virador and Rafael Mariano were charged by the justice department with rebellion before a Makati court. Last week, the court rejected the justice department’s amended information charging the five congressmen together with 22 others.

With the court’s decision, the five on May 8 left the premises of the House of Representatives where they had been staying since Feb. 28 under protective custody. Gonzalez on the same day told them to go back to the mountains, where he said “they belong,” On Tuesday, the five congressmen, who are being linked to the Left, said Gonzalez was going nuts because of his desperation to pin them down for allegedly being leaders of communist front organizations.

Ocampo said Gonzalez should heed the advice of many lawyers for him to read his law books and relearn what due process is. Gonzalez said he does not need to review his law books. “I know my law books. I know my due process. These people are imagining that they are not guilty, that’s why they are saying that,” he said.

He said government will re-file the rebellion case against the Batasan 5 because they have never been acquitted. “I want to emphasize that these people were never acquitted, so if we re-file this case there will be no double jeopardy and as far as we are concerned we have very strong evidence against these people,” he said. The five were charged in connection with a supposed plot to overthrow the Arroyo government in February. Gonzalez mocked the Batasan 5’s threat to file criminal and disbarment cases against him. “I am so scared...I am so scared of what they are going to do,” he said. Gonzalez also said government will soon file appeals on the Supreme Court’s decisions on Executive Order 464 and Proclamation 1017 which declared the country under a state of national emergency.

The Supreme Court on May 3 upheld the validity of the President’s power to declare a state of national emergency but described some of the acts that implemented PP 1017 as a “constitutional” aberration. It slammed a ban on protests and warrantless arrests made during the weeklong effectivity of PP 1017 which was issued by Arroyo on Feb. 24. On April 20, the tribunals unanimously declared constitutionally invalid several provisions of Executive Order 464 and upheld the right of Congress to compel the appearance of officials from the executive department before congressional inquiries and hearings in aid of legislation. EO 464 prohibited key government officials, including from the Armed Forces and the PNP, from appearing before congressional inquiries without permission from Arroyo. The tribunal said only department heads should seek permission from Arroyo. Gonzalez said there are portions of the SC decisions which Malaca±ang feels “should be corrected. For example on 1017, the issue on that can cover principle.” Solicitor General Antonio Eduardo Nachura said in a radio interview that his office will defend government cases involving the Department of Justice, but as for the Gonzalez, he can defend himself.

By Regina Bengco