Makati RTC Branch 148 Judge Oscar Pimentel released the order yesterday giving the case back to the justice department and ordering the prosecution panel, headed by Assistant Chief State Prosecutor Richard Anthony Fadullon, to conduct a 60-day reinvestigation of the matter.

"Wherefore, premises considered and finding the motion for reinvestigation filed by accused tenable and for the better interest of justice, the same is hereby granted," said Pimentel in his four-page order.

However, the court denied Honasan’s petition to be released from custody in the course of the reinvestigation and his appeal to suspend the implementation of his arrest warrant.

Last year, the former Army officer petitioned the court for a reinvestigation, claiming that he was denied due process because of lack of a preliminary investigation.

Daniel Gutierrez, Honasan’s lawyer, earlier said his client was also not given opportunity to submit a counter-affidavit and supporting evidence which, he claimed, is a clear violation of his client’s constitutional rights. Honasan also questioned the DoJ’s jurisdiction over the case.

But Pimentel, in approving the motion, said that a reinvestigation of Honasan’s coup case will not "prejudice the right of the State" since the former lawmaker is already detained at Fort Sto. Domingo in Sta. Rosa, Laguna.

"The State’s right will not be prejudiced if ever a reinvestigation is conducted, in order to afford Senator Honasan the opportunity of allowing the panel of state prosecutors to take a second look at his case, most particularly in the determination of whether he has participated in the alleged crime of coup d’ etat or not," he said.

The court, however, said it has yet to issue a resolution whether to approve his motion to be transferred into another detention facility.

Pimentel earlier made an inspection of the Makati City Jail where Honasan is appealing to be transferred.

The court also approved Honasan’s appeal to be subjected for a medical check-up at the Asian Hospital and Medical Center in Muntinlupa City.

Honasan, who is running for senator in the May, 2007 elections as an independent, is facing rebellion charges for his alleged participation in the failed 2003 Oakwood mutiny where at least 300 soldiers took over a posh hotel in Makati and called for the resignation of President Arroyo.

He is also facing the same charges before another Makati court in connection with his alleged involvement in the February, 2006 coup plot.