Wednesday, September 29, 2010

News Update Aquino orders De Lima to review 'Morong 43' case

MANILA, Philippines - After leading the grueling probe of the Aug. 23 hostage incident, Justice Secretary Leila de Lima is set to focus her attention now on the case involving 43 health workers arrested in Rizal province last February after being suspected to be members of the communist New People’s Army (NPA).

She said she has been directed by President Aquino to determine if the detention and indictment of the arrested health workers dubbed as “Morong 43” for illegal possession of grenades and other explosives had legal basis.

“I was directed to review the case and make recommendations to the President,” she told a press conference, adding that the review was prompted by strong clamor from international human rights group.

De Lima said she would particularly determine the validity of the arrest and detention of the “Morong 43” as well as the basis for resolution of the department approving the filing of the criminal charges against them following inquest proceedings conducted by State Prosecutor Romeo Senson.

The 43 health workers, who are now detained in Camp Bagong Diwa in Taguig City, were charged before the Regional Trial Court of Morong, Rizal with violation of PD 1866 as amended by RA 8294 and RA 9516 which imposes penalties for illegal possession of grenades and other explosives, and Comelec Resolution No. 8714 in relation to Article 261 (q) of the Election Code which prohibits any person, unless authorized by the Comelec, to carry firearms outside his residence during the election period.

Five of them, however, have already been transferred to Camp Capinpin after agreeing to testify for the government in court trial.

The inquest proceedings were conducted on Feb. 7 or a day after the health workers were arrested by a raiding team composed of military and police officers at a farmhouse located at 266 Dela Paz Street. Barangay Maybangcal, Morong, Rizal.

The “Morong 43” were arrested on suspicion that they are members of the NPA.

On Feb. 12, the Morong, Rizal RTC Branch 78, presided by Judge Amorfina Cerrado-Cezar issued commitment orders directing the jail warden of Camp Capinpin to take custody of the 43 health workers.

De Lima, however, admitted that the withdrawal of the case and the release of the health workers depends solely on the discretion of the courts hearing their cases.

She said a petition is also pending before the Supreme Court seeking the reversal of the Court of Appeals (CA) ruling denying the petition for a writ of habeas corpus filed by the health workers. - By Edu Punay