MANILA, Philippines - The Sandiganbayan has postponed the arraignment of military and police officers tagged in the alleged illegal arrest of 43 health workers in Morong, Rizal in February 2010 pending the resolution of their motion to dismiss the cases.
In an 11-page joint motion filed before the seventh division of the anti-graft court, retired Lt. Gen. Jorge Segovia, retired Maj. Gen. Aurelio Baladad, Brig. Gen Joselito Reyes, Col. Cristobal Zaragoza, Superintendents Marion Balonglong and Allan Nobleza and Maj. Jovily Cabading said the cases were defective in form.
“Not even the ombudsman and this honorable court can agree as to the true nature of the offenses being prosecuted,” the motion read.
The respondents said the complaints against them are “duplicitous for alleging more than a single offense.”
The respondents are facing eight counts each of violation of Republic Act 7438, which defines the rights of those arrested, detained or under custodial investigation.
The cases stemmed from their alleged refusal to allow the health workers, dubbed as the “Morong 43,” to confer with a lawyer. The health workers later claimed they were tortured in jail.
The health workers were suspected to be communist rebels undergoing training on explosives.