BY RAYMOND AFRICA

A CHARTERED plane carrying Bayan Muna Rep. Satur Ocampo to Leyte yesterday turned around over Masbate island after the police received a fax transmission from the judge who had ordered his arrest allowing his continued detention at the Manila Police headquarters.

Judge Ephem S. Abando of branch 18 of the Leyte regional trial court early in the morning said in a radio interview he had agreed to an oral representation of Ocampo’s lawyers that their client’s appearance be deferred until after the Supreme Court hearing on Friday on a petition to stop service of the arrest warrant.

The police, however, said they needed more than a voice over the radio to stop the transfer of Ocampo.

Ocampo and his escorts boarded an eight-seater Cessna 421 plane owned by Rene Puno, a brother of Interior Secretary Ronaldo V. Puno, around 11:30 a.m.

Two PNP choppers serving as advance party left the PNP hangar at around 8:30 a.m.

After an-hour-and-a-half in the air, the plane was ordered to return and Ocampo was back in Manila early afternoon.

PNP chief Oscar Calderon said he had to order the police officers to take Ocampo to Leyte in the absence of a written order from the court.

"Ano ang magiging basehan namin, yung phone interview kay Judge Abando? We have a procedure na dapat sundin. We have to return the warrant," Calderon said.

Ocampo was accompanied by his wife Carolina Malay, Bayan Muna Rep. Teddy Casiño, MPD-Criminal Investigation Unit head Supt. Eduardo Sierra, an MPD doctor, and security personnel.

Ocampo’s lawyers, Rachel Pastores and Neri Colmenares, earlier flew to Hilongos, Leyte, to make representations with Abando.

While Ocampo and his group were airborne, Calderon held a press conference in Camp Crame to inform the media that they were on their way.

Just as the press conference was over, Calderon said he received a copy of Abando’s order, prompting him to call the pilot and order him to turn back.

RETURN ORDER

The plane touched down at the Manila Domestic Airport at 2:50 p.m.

Ocampo was brought back to the MPD-General Assignment Section.

"While airborne, the plane was directed to go back after receiving an order which was later verified and authenticated. So the chief PNP ordered the plane to go back," Pagdilao said.

Interior Undersecretary Marius Corpus, at the PNP hangar, said: "We asked the pilot to go back because when they took off, we didn’t have the written order. When we got the order, we asked them to go back."

Casiño said the pilot told them they were returning because of bad weather.

Abando, after issuing his order, said he was informed by Corpus that it would be costly for the PNP to take Ocampo to Leyte then bring him back to Manila on March 23.

JUSTICE AND SAFETY

Abando said Corpus also took into consideration Ocampo’s safety.

"On evaluation, let it be considered in the interest of justice and safe custody of Congressman Satur Ocampo that he will remain in the custody of the Manila Police District, and this Office shall correct the return of warrant of arrest that it be accompanied by the person… in order for him to face the trial of the case under the jurisdiction of this Court," Abando’s order said.

Abando also ordered Chief Insp. Virgilio Dacara, chief of the MPD warrant section, to bring Ocampo back to his court once the oral argument at the Supreme Court is over.

Video footage at the MPD showed Ocampo had to be bodily lifted out of the General Assignment Section office, telling police officers he has filed a petition nullifying the arrest warrant on him.

Ocampo stopped resisting after MPD director Senior Supt. Danilo Abarzosa explained to him they were just following court procedures, Calderon said.

CHANGE OF PLANS

Ocampo’s group, including his police escorts, had been booked aboard a Philippine Airlines flight PR191, which was scheduled to leave the Centennial Terminal 2 (Naia 2) at 6:05 a.m.

The manifest said Ocampo would be accompanied by seven other persons.

At about 5:30 a.m., however, an airport official withdrew their boarding passes as the PNP escorts decided to go to the domestic airport hangar of the PNP, reportedly to take a helicopter flight to Leyte.

It took more than five hours of waiting before Ocampo’s party was ordered to board the plane.

The group was supposed to fly to Tacloban City. Ocampo, Malay and Casiño would then be flown to Hilongos town by helicopter.

Ocampo, in a briefing, told reporters: "Lumalabas na si Secretary Ronnie (Ronaldo) Puno ng DILG, who I personally contacted, saw that it was a reasonable request and he agreed. We also wrote to the PNP chief and just the same he agreed to allow me to stay here at the MPD for practical reasons. Pero, may ibang officials who have ganged up together and through what they call a ‘security council meeting,’ they forced it so that I was to be brought early this morning to Leyte."

"If I ran, I would be the loser. My party, which has been winning in the elections, would be the loser. I decided to stand my ground in this arena and even thought they are prominent in this arena I will fight them here in the court of law, in the court of justice, for the case of freedom and human rights," Ocampo added.

PEOPLE FOR VIOLENCE?

Ocampo claimed the murder charges against him were trumped up as part of a crackdown on left-wing activists.

AFP chief Gen. Hermogenes Esperon Jr., asked to comment on the alleged manhandling of Ocampo at the MPD, said: "What would you want them to do? Early in the morning? I don’t know how early it was but as you see commercial flights come early..."

He debunked observations the incident would embolden Ocampo’s supporters and increase his votes.

"I contest that. Does that mean our people favor the violence of the NPA (New People’s Army), the mass grave? And for that matter...is Bayan Muna supportive of the NPA?" he asked.

He dared the Left-leaning partylist groups to denounce the violent activities of the NPA. "Gusto ko silang sumagot," he said.

The AFP said it is looking for another gravesite in Leyte where dozens of civilians and communist rebels were executed by the communist party in the 1980s on suspicion they were deep penetration agents of the military.

SECOND MASS GRAVE

Lt. Col. Bartolome Bacarro, AFP public information office chief, would not say if Ocampo had anything to do with the purge.

Bacarro said the second mass grave was mentioned by the same witnesses who led the military’s 8th Infantry Division and the local police to the first gravesite in Inopacan town and pointed to Ocampo as having ordered the killings.

"If we found it (gravesite) and witnesses would say that this was ordered by Rep. Satur Ocampo, and then we are able to identify them (victims), then we may file anew a case against him," Bacarro said.

Bacarro maintained Ocampo was the one who ordered the execution of the victims in Inopacan town.

On how tight the military’s case against Ocampo is, Bacarro said: "We have witnesses and they have (sworn) statements, we will start from there."

Maj. Gen. Rodrigo Maclang, former commander of 8th Infantry Division who led the exhumation, lashed at Ocampo for accusing the military of planting evidence.

Maclang, now commander of the 5th Infantry Division, said Esperon and members of the media can attest that the skeletal remains recovered from the gravesite, which residents called "The Garden," were not recycled.

"My challenge to Satur is to be true to himself. He should face the families of the victims of the barbarism of the NPA," he said.

POWERFUL SLAP

Bayan Muna said the return of Ocampo to MPD custody was a "powerful slap" on Executive Secretary Eduardo Ermita, National Security Adviser Norberto Gonzales, Justice Secretary Raul Gonzalez and AFP chief Gen. Hermogenes Ebdane, who the group said wanted Ocampo to be whisked away to Leyte.

Nathaniel Santiago, Bayan Muna secretary general, said his group agreed with Puno and Calderon on Sunday that Ocampo would not be transferred to Leyte until after the oral arguments at the SC.

However, during a Cabinet meeting also on Sunday, Ermita, Gonzales, Gonzalez and Ebdane decided to revoke the agreement.

Chief presidential legal counsel Sergio Antonio Apostol said the Cabinet discussed the custody of Ocampo but no official stand or decision was reached.

He said neither Malacañang nor President Arroyo had anything to do with the decision to bring Ocampo to Leyte.

Lawyer Romeo Capulong said the police should be cited in contempt for attempting to fly Ocampo to Leyte despite Abando’s order.

ELECTION POSTER

Re-electionist Sen. Ralph Recto said: "A picture of Satur behind bars is the best election poster for Bayan Muna."

He urged government to go easy on Ocampo "because if the aim of arresting him is to prevent him from returning to Congress, then recent developments may have just guaranteed the opposite."

Sen. Panfilo Lacson, also a re-electionist, also voiced dismay over what he said was government’s short-circuiting of procedures to forcibly bring Ocampo to Leyte.

"It is becoming clearer by the day that there is an emerging pattern to harass and intimidate party lists, especially those of militants and the opposition. This was the case of the Batasan 5, the Tagaytay 5, and now Rep. Ocampo. We may not see the end of it," he said.

"They are targeting cause-oriented groups because Mrs. Arroyo is in survival mode. She wants to make sure an impeachment case does not prosper at the House and is transmitted to the Senate," he also said.

Former Vice President Teofisto Guingona said the charges filed against Ocampo are part of "an attempt to take him out of the mainstream (politics) again," noting Ocampo had once gone underground.

CALLOUS TREATMENT

Rep. Liza Maza of the party-list group Gabriela called "way too crude" the government’s attempt to transfer Ocampo to Leyte.

The Black & White Movement said it was "unjust and callous treatment" of Ocampo.

"The arrest and heavy manhandling of Ka Satur is part of the continuing policy of the Gloria Macapagal Arroyo regime to decimate the ranks of progressive groups. It is proof of its plan to militarize our country and put a lid on the search for truth regarding allegations that this regime is guilty of lying, cheating, stealing and murder", said Enteng Romano, Black & White Movement lead convenor.

Rep. Renato Magtubo (Partido ng Manggagawa) said the incident was harassment not just of Ocampo but of the entire party-list system of representation for the marginalized.

"The real motive behind the arrest and intimidation of Satur is not justice for victims of purges but persecution of militant party-list groups. If the Arroyo regime succeeds in incarcerating of Satur and paralyzing the campaign of Bayan Muna, then other party-list groups are next in line," he said.

In a forum dubbed Free Satur, Stand for Justice at the Club Filipino in San Juan, Guingona said government eagerly enticed leftist leaders to bring their political beliefs into the free market of ideas in the past years.

"Now that Ka Satur has joined the political mainstream, this government tried to take him out," Guingona said. "We condemn the arrest of Ka Satur in the strongest possible terms."

WORSE THAN UNDER MARTIAL LAW

The forum was also attended by Representatives Gilbert Remulla, Lorenzo Tañada III, Francis "Chiz" Escudero, Liza Maza (Gabriela) and Rafael Mariano (Anakpawis); former senator Wigberto Tañada; Ocampo’s son Antonio; Makati Mayor Jejomar Binay; San Juan Mayor Jose Victor "JV" Ejercito; Nini Quezon Avanceña and lawyer Harry Roque.

Also in the solidarity forum were Vicky Avena, movie directors Joel Lamangan and Carlitos Siguion-Reyna, National Artist Bienvenido Lumbera and Bibeth Orteza.

Binay described the incident as worse than what they experienced under martial law.

The youngest son of Ocampo lamented the sufferings he and his family had to go through every time his father would be sent to jail.

"Pag tinatanong kami ng mga tao kung ano ang nararamdaman naming, sinasabi namin na okay lang. Pero napapagod na kami," Anto said.

"Ayokong makita siya na tumanda sa kulungan. 68 na siya," he added.

BASELESS

Anto said he was "outraged" and "scared" for the life of his father after hearing reports that in Leyte is "militarized" and vigilantes are on the prowl.

"The charges are really baseless, full of lies," he also said.

Anto was just one year old on Jan. 14, 1976 when his father was arrested and tortured by military intelligence operatives.

Tañada said: "The warrant of arrest is illegal because the judge did not examine the affidavit executed by the witnesses."

"It is clear in our Constitution that a warrant of arrest should not be issued unless there is a clear reason and which the court will decide on after careful study of the case filed against the respondent and after listening to the witnesses who have testified under oath," he added.

Binay also said the arrest warrant was illegal.

The Commission on Elections said Ocampo’s arrest will not affect his nomination as Bayan Muna representative pending his final conviction.

"Even if they have arrested him (Ocampo), he can still run and win (for the party list election) until there is final conviction," said Comelec spokesman James Jimenez.

If convicted, Jimenez said Bayan Muna’s third nominee would replace him. The group’s second nominee is Casiño while the third is lawyer Colmenares. – With Jay Chua, Reinir Padua, Evangeline de Vera, Jocelyn Montemayor, Victor Reyes, Regina Bengco, JP Lopez and Gerard Naval