Two petitioners has asked the Court of Appeals to stop the Justice department from conducting its preliminary investigation into the sedition and other criminal charges filed by the Philippine National Police against Vice President Leni Robredo and 35 other opposition figures.
The charges are in connection with the alleged involvement of the accused in the plot to oust President Rodrigo Duterte.
Former Magdalo Rep. Gary Alejano and co-respondent Jonnell Sangalang asked the court to stop the department from proceeding with its preliminary probe or to resolve the criminal complaint filed by the PNP-Criminal Investigation and Detection Group against them and other critics of the administration.
In particular, the petitioners want the appellate court to stop the department’s prosecutors from conducting, concluding and resolving the preliminary investigation of the complaint against them, which was based on the testimony and allegations made by witness/respondent Peter Joemel “Bikoy” Advincula.
Alejano and Sangalang also want the Office of the Solicitor General disqualified from participating in the case as a counsel of the PNP-CIDG, and to prohibit the complainant from participating in the proceedings before the panel.
On Sept. 5, Alejano and Sangalang manifested their continued objection to the Justice department’s authority to conduct a preliminary investigation and filed a verified motion for reconsideration.
The following day, the Justice department’s panel said it would incorporate the matters they raised in its resolution.
On Sept. 11, the panel said the complaint had already been submitted for resolution without Alejano and Sangalang submitting their respective counter-affidavits. The panel was given 60 days to complete its preliminary hearing.
Alejano and Sangalang assailed the power of the department’s Secretary, Menardo Guevarra, to constitute a panel of prosecutors to conduct the preliminary investigation, and whether the panel had the power, jurisdiction, and authority to conduct the preliminary investigation on the case, and whether the OSG may act as a counsel for the PNP-CIDG.
On July 18, the PNP-CIDG, based on the testimony of its witness/respondent Peter Joemel Advincula, filed the complaint of sedition/inciting to sedition, cyber libel, libel, estafa and harboring a criminal/obstruction of justice against Robredo and 35 other respondents.
In the series “Ang Totoong Narcolist” videos that were posted on the video-sharing site YouTube, Advincula, who claims to be the hooded “Bikoy”, alleged that President Duterte, the members of his family and friends were involved in illegal drugs. The plan to oust Duterte was reportedly called “Project Sodoma.”