Palace hopeful 'Morong 43' will end hunger strike

MANILA, Philippines - Malacañang expressed hope yesterday that the detained health workers known as the Morong 43 would end their hunger strike and wait for the courts to decide their case.

“Well, it’s Christmas, I hope they will stop it. I don’t know. I don’t know even where the hunger strike is directed to,” Deputy Executive Secretary Jose Amor Amorado told reporters.

The Morong 43, referring to the 43 health workers arrested in February on suspicion of being communist rebels, began a hunger strike on Friday to call for their immediate release from detention.

Amorado said President Aquino was correct in saying that in the final analysis, the courts would be the ones to decide because even if the Department of Justice or the prosecutor would file a motion to withdraw information or dismiss the case, the court would still have to approve the motion.

“So ultimately, it is the court which will decide finally on the case. But the question we posed to the Morong 43 during our second meeting – why is it that their lawyers have not filed anything to quash the search warrant which was issued in Cavite? Because that will trigger whether or not the government will oppose the motion. But we posed that challenge already to the relatives of the Morong 43, to ask their lawyers why the lawyers have not yet filed or initiated any motion to cause the dismissal of the case,” Amorado said.

Amorado said the lawyers of the Morong 43 could already file a motion to quash even if they were not yet arraigned.

“The question here is the validity of the warrant. You know, if you feel that the warrant is invalidly issued, your first move should have been to move for the quashing of the warrant because any evidence that were gathered by virtue of a void warrant is the fruit of the poisonous tree and cannot be used in court,” Amorado said.

Amorado said it would be up to the government to oppose the motion or not once the motion was filed.

“That remains to be seen. Now, I cannot tell you how Secretary Leila de Lima will handle that,” Amorado said.

“They feel that the warrant was invalidly issued, why is the government not withdrawing the case? So I return the question to them: why are your lawyers not filing that proper motion?” Amorado asked.

Amorado said they did advise the families of the Morong 43 about two weeks ago and “they intimated to us that they will ask their lawyers. But, since then, we do not have any reaction.”

Amorado dismissed speculations that the administration was favoring the military.

“I don’t think so. Remember, right now they are charged for illegal possession of firearms and explosives. So therefore, the latest findings of the prosecutorial body is what? There is probable cause,” Amorado said.

“Once the case is filed in court, that’s it. It’s with the courts. Even if the prosecutor will file the motion, that is nothing if the court will not approve that. The ball is with the court,” Amorado reiterated. 

The Free the Morong 43 Health Workers Alliance asked the government to withdraw all cases filed against the detainees. Alliance spokesman Carlos Montemayor, a nurse, said the government had committed an injustice against the Morong 43 when they were arrested and jailed by the military without strong evidence 10 months ago.

Relatives and supporters of the Morong 43 are planning to go on a hunger strike at the Philippine Independent Church along Taft Avenue, Manila “in solidarity with the health workers” but they are still waiting for doctors’ clearance.

Montemayor said that the hunger strike would go on until the Morong 43 are released.

The alliance had also asked Secretary De Lima not to allow herself to be pressured by the military.

“We hope that De Lima will do everything in her authority to make the President realize that rectification of errors in this case means the withdrawal of all charges filed to facilitate the immediate and unconditional release of the health workers,” he added.

The Armed Forces of the Philippine (AFP) is opening its doors to the National Democratic Front (NDF) chairman Luis Jalandoni and is even willing to host him if he will visit its main military headquarters at Camp Aguinaldo in Quezon City. Jalandoni and wife Ma. Consuelo Ledesma returned to the country last Saturday for a two-week visit.

“Our camp is open to anyone who would like to visit, whoever they are,” said AFP spokesman and commander of the Civil Relations Service (CRS) Brig. Gen. Jose Mabanta.

Mabanta said the AFP would even provide Jalandoni a copy of its newly crafted Internal Peace and Security Plan (IPSP) if he visits Camp Aguinaldo.

IPSP is the new military approach aimed at addressing the root causes of country’s decades-old insurgency problem.

This new strategy replaces the old and highly criticized Bantay Laya I and Bantay Laya II, an anti-insurgency campaign plan to defeat the New People’s Army (NPA) mostly by force, during the reign of then president and now Pampanga Rep. Gloria Macapagal-Arroyo.

“He (Jalandoni) can be (at Camp Aguinaldo). If he wants he can give inputs and comments on the IPSP. Our new plan is open to anyone,” Mabanta said.

He said the new military anti-insurgency thrust is winning the peace through sustained civil-military operations, mostly pro-poor developmental projects in the countryside.

The military, he said, will only use its might against any group that insists on using firearms for their own vested interests. – With Sheila Crisostomo, Jaime Laude