BY RAYMOND AFRICA

INTERIOR Secretary Ronaldo Puno yesterday said it is unlikely that charges would be filed against former President Joseph Estrada and Makati Mayor Jejomar Binay for alleged gun-toting.

Estrada and Binay, president of the United Opposition, is under investigation by the PNP for riding a vintage World War II jeepney, on which a replica of a cal. 50 machine gun was mounted, during a motorcade in Carmen, Cebu last March 3.

PNP chief Jesus Verzosa, in ordering the investigation on Tuesday, said the two could face charges of gun-toting based on the Marcos era Letter of Instruction 1264 which he said prohibits the public display of toy guns or replicas.

Binay and Estrada’s camp have cried political harassment.

Puno said that in every police investigation, an investigator always talks of a potential charge.

"Now yung filing of cases, every time you investigate about anything, you have to talk about potential filing of cases against anybody. But the main thing here is if, in fact, (it is) a functioning 50-caliber machinegun, we have to take it into our armory and confiscate it," Puno said.

"But if it is not, then pinturahan nila ng kaunti para maliwanag na laruan yan kasi you don’t want to panic the people."

Local police have said Carmen residents were not alarmed at seeing the vehicle because it had been exhibited in a motor show competition and they knew the machine gun was a fake.

The replica has been surrendered to local police, according to Verzosa.

Puno said: "Alam naman natin kung anong klaseng kaso yan. Hindi illegal possession of firearms ang laruan. Kung totoo yan, I think it is confiscation."

"But filing of charges, malayo siguro tayo doon.  And it’s normal for police officers to say that," he added.

Puno said Estrada and Binay were likely unaware that their local motorcade organizer would make them board the controversial vehicle.

"I know that malamang sila President Estrada hindi nila alam na ganoon ang susundo sa kanila. Akala nila maganda; parang sine.  Pero alalahanin natin na may pananagutan tayo sa mga tao na huwag silang takutin," Puno said. 

"Yung mga fans ni President Estrada siguro natutuwa. Pero yung mga nanonood lang, mga nag-uusyoso, baka isipin nila may 50 caliber, siguro may assassination threat… It was somebody’s idea of a bad joke — putting that gun there. It should not have been done."

Binay yesterday said the government is using a "double standard of justice." He said while President Arroyo’s husband was "once again" spared by the Ombudsman despite testimonies linking him to the rigging of bids for World Bank road projects, the PNP has formed a task force to investigate him and Estrada for the Cebu incident.

"If you belong to the opposition, they throw everything at you, including a replica machine gun," Binay said. "But if you are with the administration, especially if you’re Mike Arroyo, the authorities look the other way."

Binay, in an interview with a TV program, asked why the PNP would go to the extent of forming a task force when the jeep, owned by the town mayor of Carmen, had always been parked in front of the Carmen police station.

He said the vintage vehicle has also been featured in car shows in Cebu and has won several awards.

"All you have to do is call the police chief of Carmen. The PNP also confiscated the machine gun last week, so why do you need a task force? And the motorcade in question happened last March 3 and was headlined in several local newspapers in Cebu, so why the need to send investigators to Cebu?" Binay told Chief Supt. Ireneo Bacolod, head of the PNP Civil Security Group who was also in the TV program.

"Clearly, there is a pattern of harassment here. I will not be surprised if they will bring this absurdity to the fullest by charging president Erap and myself with terrorism," he said.

He scored Bacolod for telling the media that they are being investigated, in effect making them suspects in the eyes of the public.

He reminded Bacolod that the PNP had banned the practice of presenting suspects to the media because it is a violation of human rights.

"What you did was a violation of that policy," he said.