The Philippine Online Chronicles

The Court of Appeals (CA) has denied the issuance of a writ of habeas corpus to the 43 health workers currently being detained at Camp Capinpin in Tanay, Rizal, under suspicion of being communist rebels.

The health workers, which includes two doctors, a nurse and a midwife, were arrested early in February at Morong, Rizal during what the military claimed was a bomb-making workshop. The arrest has been highly criticized as being unfounded. Allegations of human rights violations by the military have also circulated.

In February 11, the Supreme Court (SC) issued a writ of habeas corpus ordering that the Morong 43 be brought before the CA. However, according to the decision made by five justices of the CA who voted 3-2 against the issuance of the writ, the Morong 43 have already been charged with illegal possession of explosives before the Morong Regional Trial Court.

“Once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance of a writ of habeas corpus,” said the CA decision. “The privilege of the writ of habeas corpus shall not be allowed after the party sought to be released had been charged before any court.”

They added that the decision stood although the arrest of the 43 was carried out under questionable circumstances. Associate Justice Normandie Pizarro, who voted that the Morong 43 be granted a writ of habeas corpus, pointed out that the operation was carried out without notice to the owner of the farmhouse where the arrests were carried out, and that around 300 soldiers were deployed although the warrant of arrest was only for one person. In addition, the explosives recovered from the area were not taken from any of the detainees, leading critics to believe that they were planted evidence.

“An illegal search and seizure, as well as an irregular inquest, cannot ripen into a valid information, otherwise referred to as ‘remedia’ or ‘curative’ informations,” Pizarro said.

Romeo Capulong and Rachel Pastores, the lawyers of the Morong 43, said that they will file an appeal before the SC to challenge the CA’s ruling.

“[The CA] seriously disregarded the litany of blatant violations of the constitutional rights of these 43 health workers from the time that they were unlawfully arrested and the continued abuse of their basic human rights in the hands of the military," they said. “[There is] no other recourse but to elevate the case to the Highest Court."

---

Add this page to your favorite Social Bookmarking websites