Tiamzon lawyers insist: There was no crime

THE lawyers of suspected communist rebel leaders Benito Tiamzon and his wife, Wilma together with five others asked the Toledo City Regional Trial Court to throw out the complaint against their clients after reviewing the evidence.

They asked the court to dismiss the complaint outright because “There’s actually no crime committed by the accused in these cases. If there is no probable cause against them, then the court can dismiss the charges against the accused,” said lawyer Rachel Pastores during a hearing on their motion for determination of probable cause filed before Judge Ruben Altubar of RTC Branch 29 .

She said it was n ot true that the Tiamzon couple were in possession of firearms and explosives.
Pastores said the items were “planted” by the military.

She said the military didn’t present any inventory right after the arrest of the respondents.

“The inventory was done 12 hours after the arrest. There was also no preliminary investigation ever conducted by the prosecutors’ office in this case. The respondents were not able to defend themselves. And this is the only opportunity they can say their piece,” the lady lawyer told the court.

Tiamzon and his group were also represented by lawyers Edre Olalia, Ian Manticajon, and Ian Sapayan.

At least 10 people bringing placards gathered in front of the Palace of Justice in Toledo City .

The placards called for the release of the Tiamzons with their five companions and the continuation of peace talks between the government of the Philippines and the National Democratic Front.

The judge granted Assistant Provincial Prosecutor Reynaldo Menchavez’s request for 15 days to file their comment on the motion. Parties were ordered to file their their memorandum.

“With or without the motion for judicial determination of probable cause, the court will make a ruling as to whether or not there is enough evidence against the accused,” he said.

The DOJ accused the Tiamzon couple and their companions of illegal possession of firearms and explosives and obstruction of justice.

Benito and Wilma Tiamzon, chairman and secretary-general, respectively, of the Communist Party of the Philippines, and three others — Joel Enano, Arlene Panea and Rex Villaflor— were accused of illegal possession of explosive and incendiary devices.

Two fragmentation grenades, a .45 cal. Colt pistol with ammunition and a loaded 9 mm Norinco pistol were allegedly seized from them after they were intercepted on March 22 at a joint police and military checkpoint in barangay Zaragosa in Aloguinsan town, southwest Cebu.

The Tiamzons also face a multiple murder charge in the Northern Samar Regional Trial Court in Hilongos, Leyte in relation to mass graves in Inopacan, Leyte, purportedly of victims of communist purges in the 1980s.