Judge Winlove Dumayas of Makati Regional Trial Court (RTC) Branch 59 said in his one-page order that equal treatment should be given to Misuari, including the posting of bail, based on the grounds of alleged conspiracy. He thus granted Misuari’s petition for bail at R50,000.

Muslim leaders led by House Deputy Speaker Simeon Datumanong welcomed the Makati RTC’s decision to grant Misuari’s bail petition.

"I am happy about the decision because Misuari has been behind bars for many years," said Datumanong, adding he knew this would come after those long years. Misuari started serving time in detention on Jan. 7, 2001.

Other Moro leaders such as Sulu Gov. Sakur Tan, Peace Process Undersecretary Nabil Tan, Ghazali Jaafar of the Moro Islamic Liberation Front (MILF), and former MNLF chief propagandist Hadji Akmad Bayam joined Datumanong in hailing the court decision.

"The law should be true to all or none at all," said Tan.

Presidential Adviser on the Peace Process Jesus Dureza also welcomed the court decision. "We welcome the decision of the Makati Regional Trial Court," he said.

Last December, 2007, and in January this year, the same court granted the petition for bail of the seven co-accused of Misuari, led by Ustadhz Abu Harris Usman.

On Misuari’s petition, Dumayas, in his order, said: "The court finds merit in the contention of the accused that the culpability being premised on the alleged conspiracy between all the accused to commit rebellion, it follows therefore that the guilt of one is the guilt of all, and that lack of evidence against some is lack of evidence against all. Wherefore, the accused former ARMM Governor and MNLF Chairman Nur Misuari’s motion for bail is hereby granted. Accused is hereby allowed to post bail in the amount of R50 thousand for his temporary liberty."

Misuari had argued in his Motion for Partial Reconsideration last Dec. 18 that bail cannot be granted to his co-accused without according him the same privilege and that he is entitled to bail as the evidence against him is weak. The former ARMM governor added that denying him with bail infringes on the constitutional guarantee of equal protection of the law.

Asked for comment, Misuari’s counsel Salvador Panelo said, "If the court has permitted a person to post bail, then it only means that the case lodged against that person is weak." He added that it is the right time for Misuari, who has been in detention for almost seven years, to be freed.

Misuari is facing rebellion charges in connection with an uprising by his followers in Jolo, Sulu, on Nov. 19, 2001, which left over 100 people killed. After the uprising was crushed, Misuari with seven other supporters tried to flee to the Middle East via Malaysia, where police authorities arrested them.

The Philippine government requested Malaysia to return Misuari and on Jan. 6, the Malaysian government turned over Misuari to Manila officials who immediately brought him back home.

Misuari was detained at Fort Santo Domingo, in Sta. Rosa, Laguna, a day later. He was allowed to be placed under house arrest in 2006 in New Manila, Quezon City, partly due to his illness and appeals from the Organization of the Islamic Conference (OIC) made by OIC Secretary General Ekmeleddin Ihsanuglo.

While in detention, Misuari twice ran for governor of Sulu, but lost both political contests.

"The criminal justice system in our country is alive and functional," Undersecretary Tan said, adding the court decision on Misuari "confirms our long held stand, that his case is with the court, and it has just exercised its mandate, and not we in the governemnt panel that has control or discretion."

Bayam said: "The court’s granting of Nur Misuari to post bail is a judicial statesmanship of resounding goodwill and implications in the peace process," which he said appears like the government showing goodwill for the third tripartite meeting on May 26-29 in the Philippines.

Bunye: Malacanang welcomes court decision on bail

Malacanang is confident that former Autonomous Region of Muslim Mindanao (ARMM) Governor Nur Misuari would not escape and fly out of the country following his temporary freedom granted by the court.

Press Secretary Ignacio Bunye said they are counting on the word of Saif alIslam Gadhafi, son of Libyan leader Muammar Gadhafi, who has guaranteed that Misuari will not be a flight risk for authorities.

The young Gadhafi made a three-day visit in the Philippines last December and discussed unifying the two main Muslim rebel groups to help achieve a comprehensive peace.

"I believe he will abide by the terms of the court order," Bunye said in a news conference in the Palace.

Bunye said the Palace welcomes the court decision allowing Misuari to post bail following years of detention for rebellion charges, saying they would not pose any objections.

He added that they are not surprised by the court ruling on Misuari.

Meanwhile, Malacanang thanked Malaysia for leading an international team that monitors the ceasefire between the government and the Moro Islamic Liberation Front.

The Malaysian government had earlier announced it would gradually pull out peacekeepers from Mindanao amid concerns about the delay in the peace process.

"We would like to thank Malaysian ceasefire monitors for their valuable contribution. They have promised to stay in the Philippines until August," Bunye said.

Reports said the government plans to tap Indonesia to the international monitoring team in Mindanao, which has been in place since 2003. (Genalyn D. Kabiling)