Court nixes CPP leaders’ plea to dismiss raps

MANILA, Philippines – A Quezon City judge has junked an appeal by alleged Communist Party of the Philippines leaders Benito and Wilma Tiamzon to reverse its earlier ruling that denied the couple’s motion to dismiss the charges of kidnapping and serious illegal detention filed against them.

Judge Madonna Echiverri of the Regional Trial Court Branch 81 denied the motion for reconsideration by the Tiamzon couple, stating that the “court is not fully convinced with the arguments” presented by the couple in their appeal.

The Tiamzons – through their lawyer, Edre Olalia of the National Union of People’s Lawyers – earlier filed the appeal, claiming that the court should dismiss the cases because the alleged offenses were absorbed in the rebellion charges filed against them in 2006.

In her June 20, 2014 order, Echiverri said the trial was needed to show proof that the couple’s alleged act of kidnapping Lieutenants Clariton Santos, Oscar Singson, Rommel Salamanca and Abraham Casis and Sergeant John Jacob of the Philippine Narcotics Command in 1988 was political and not personal.

“The proof of showing political motivation is adduced during trial where the accused is assured an opportunity to present evidence supporting his defense,” she said in that order.

Olalia said the political offense doctrine, such as in this case, could not be used as a defense as it was against the constitutional safeguard against self-incrimination.

But Echiverri said, in denying the appeal, that these matters were already settled in the assailed order.