Justice Secretary Raul Gonzalez expressed yesterday the government’s commitment to push for the grant of medical leave for jailed Muslim leader Nur Misuari, saying the Department of Justice (DoJ) is withdrawing its opposition.

This developed as the Makati Regional Trial Court (RTC) gave favorable consideration to the DoJ’s earlier motion opposing Misuari’s bid to be temporarily released from detention for medical treatment.

"It would be inhuman to refuse a request for a four-day fourlough," Gonzalez said an interview.

The former chairman of the once monolithic Moro National Liberation Front (MNLF), Misuari is seeking temporary freedom for medical treatment from his detention in Fort Santo Domingo, Sta. Rosa, Laguna.

State Prosecutor Peter Ong, who is handling the case against Misuari, however would not comment whether or not he would withdraw an earlier motion opposing temporary liberty for Misuari.

Misuari’s renewed plea to be allowed medical treatment is being opposed by government lawyers before before Branch 138 of the Makati RTC.

Gonzalez clarified that the final determination of whether the release would be granted would all be up to the court, which would also determine if Misuari is malingering through the tests he would undergo.

Ironically, it was the DoJ which sought to "deny for lack of merit" the motion for medical treatment filed by Misuari and his coaccused Ustadz Abuharis Usman. Misuari, through lawyer Arthur Lim.

In supplemental motion it filed with the court on Jan. 16, the DoJ even stated: "If accused Nur Misuari and Ustadz Abuharis Usman are sick, why did they have the temerity to hold a press conference on Jan. 10, 2006 when in fact their Jan. 9, motion only sought for their temporary liberty.’’

"After having granted temporary liberty on Jan. 10, they exceeded the bounds of the privilege granted into them by holding a press conference, and, now they wanted more under the guise of being sick," it added.

The justice department contended that if Misuari is indeed sick, treatment cannot be had in a hospital of his own choice since his rights, being a detention prisoner, are limited only to those enumerated in the rules of court.

"Neither can accused Nur Misuari, by advancing all sorts of flimsy sickness, like loss of vigor of youth, feeling of isolation, emotional trauma, mental suffering, emotional anxiety and mental stress, demand and expect hospitalization, worst, even abroad," it said.

Misuari has since made a turn-around after being jailed for rebellion in 2001. He has expressed support for the Arroyo administration.

RTC Judge Sixto Marella is the fourth judge to handle the case succeeding then judge, now Court of Appeals Justice Ricardo Rosario. The case was originally assigned to Calamba, Laguna Judge Norberto Geraldez, who became a Sandiganbayan associate justice and, later, to Estella Cabuco-Andres of San Pedro, Laguna, who had retired.

It was then assigned to Rosario, then an RTC judge in Makati. Shortly after the ouster of former President Joseph Estrada, Misuari was charged with rebellion allegedly for being responsible for his group’s attack on a military headquarters in Jolo, Sulu.

About 50 MNLF junior officers led by Ben Saudie Lumenda appealed to President Arroyo in Malacañang last week for their leader’s release or at the least, the speedy disposition of his case.

His followers from the MNLF and even non-MNLF Muslim leaders have also been lobbying for leniency for the former governor of the Autonomous Region in Muslim Mindanao (ARMM), saying he has already served time for four years while his trial for rebellion charges continued to suffer delays.

Followers of Misuari have agreed to follow his directives not to launch an assault against US servicemen who would visit his island stronghold in the southern Philippines next month as part of the annual Balikatan military exercises.

Dr. Parouk S. Hussin, foreign secretary of the MNLF and also an erstwhile ARMM governor, had also brought to the attention of the Organization of Islamic Conference (OIC) the fate of Misuari at the hands of the Philippine government, particularly his long detention without trial.

Secretary Jesus Dureza, presidential adviser on the peace process, said it was up to the courts to decide on the case of the MNLF former chieftain.

"On a personal note however, and without intruding into the merits of his case, I will welcome any humanitarian gesture extended to Chairman Nur if his plea for medical treatment due to his physical condition meets the favorable consideration of the court.