MANILA, Philippines - The Morong, Rizal regional trial court yesterday ordered the release of 43 health workers arrested last February on suspicion they are members of the communist New People’s Army (NPA).
The court ordered the release of the “Morong 43” after the Department of Justice (DOJ) dropped the charges against them. They were expected to be released last night.
Six of the 43 detainees, however, remained in detention due to various cases against them pending in other courts.
Morong RTC Judge Gina Cenit-Escoto agreed with the submission of the DOJ that the arrested health workers could not be prosecuted for illegal possession of explosives.
The 43 were arrested at a farmhouse in Morong last February while attending a supposed bomb-making workshop of the NPA rebels, according to the military.
The 43, however, claimed they are rural health workers attending a medical symposium. They accused the military of fabricated evidence to justify the arrest.
“The Court agrees with the prosecution that without the evidence which are fruits of the poisonous tree, the Department of Justice finds that the accused cannot be prosecuted successfully, as there remains no other evidence against them,” Cenit-Escoto explained.
The court upheld the findings of the DOJ that the search warrant used for the arrest of the Morong 43 was flawed since it did not specify the address of the subject as required under the rules.
In effect, the pieces of evidence seized by authorities during the raid could not be presented in court.
The court also ordered the disposition of the items seized during the operation that were being kept at the Army base at Camp Capinpin in Tanay, Rizal.
The military, for its part, said they would abide by the decision of the court in releasing the 43.
“The courts know best. We feel no remorse. Let us just make sure that next time the NPAs will not be able to use more explosives in killing civilians just like what happened to the Samar 11,” Army spokesman Col. Antonio Parlade Jr. said.
Parlade was referring to the 11 people who died in an ambush staged by insurgents in Northern Samar last Tuesday. Ten soldiers and a nine-year-old child died during the attack, which involved the use of land mines.
Parlade is hopeful that the public would no longer allow the rebels to conduct seminars on making explosives.
“Let us not allow more trainings on the use of explosives by health workers in the future,” Parlade said.
“Next time we see them (rebels) do this in plain view, even civilians can arrest them without warrant. They just have to turn them over to proper authorities,” he added.
On the other hand, militant groups led by Renato Reyes of the Bagong Alyansang Makabayan said they are not sure if the release order covers all of the 43.
“The release order is already out. The warden has already sent a representative to get hold of the order,” Reyes told reporters while awaiting the release of the 43 at Camp Bagong Diwa in Taguig.
The court ordered the immediate release of Romeo de la Cruz, Rogelio Villarisi, Valentino Paulino, Alexis Montes, Aldrin Garcia, Linda Racel Otanes, Janice Javier, Edwin Dematera, Jhon Mark Barrientos, Antonio de Dios, Marvin Ortiz, Mark Escartins, Ramon de la Cruz, Renz Capillo, Franco Romeroso, Mario de los Santos, Yolanda Yaun, Angela Loricon, Ria de Luna, Ma. Mercedes Castro, Jennylyn Vatar, Jane Balleta, Cherrylyn Rico, Teresa Quinadayan, Miann Oeso, Janna Mendoza, Delia Ocasla;
Glenda Murillo, Pearl Irene Martinez, Judilyn Oliveros, Lilibeth Donasco, Christine Ann Evangelista, Claire de la Cruz, Sylvia Labrador, Jeans Trinidad, Helen Carandang, Ma. Elena Serato, Mary Clamor, Emelia Marquez, Reynaldo Macabenta, Samson Castillo, Gary Liberal and Del Ayo Avera.
Six of them, however, would remain in detention since there are pending cases against them in various courts.
Only 36 of the 43 were detained in Camp Bagong Diwa since the five others, who were supposed to be used as state witness by prosecutors, were in Camp Capinpin and the other two were in Philippine General Hospital in Manila where they had given birth a few months ago.
President Aquino earlier ordered Justice Secretary Leila de Lima to review the case and determine the validity of the arrest and detention of the Morong 43 and the basis for the filing of criminal charges against them.
A case, however, is pending before the Supreme Court. A habeas corpus petition was brought up to the SC after the Court of Appeals, in a ruling issued last March 9, junked the petition of the 43 for a writ of habeas corpus and upheld their continued detention based on the criminal charges filed against them. –With Alexis Romero, Aie Balagtas See