For the last time, Aquino says let court decide on Morong 43 case

ALAMINOS CITY, Pangasinan — Despite persistent calls for him to intervene, President Benigno Aquino III on Tuesday said once again and with finality that he will let the courts decide on the fate of 43 detained health workers who are suspected of being communist rebels. In a media briefing, Aquino said the executive branch cannot compel the courts to release the so-called Morong 43, who were charged for illegal possession of firearms and explosives after their arrest in Morong, Rizal, last February. Asked whether he will move for the release of the detained health workers as part of "confidence-building measures" for the resumption of government peace talks with communists, Aquino – who earlier said he will leave the matter to the courts – said, “Kung pwede last time ko na sasagutin yung Morong 43, para na kong sirang plaka eh (This is the last time I'll answer questions about the Morong 43. I'm starting to sound like a broken record)." "It's very simple, the DOJ Secretary had said the arrest warrant on the health workers seemed to be defective... however, the executive cannot order their release the court's sanction," he said in Filipino. Five of the health workers have been placed under separate military custody at Camp Capinpin in Tanay, Rizal, after they allegedly admitted they were New People's Army supporters, while the remaining 38 are at Camp Bagong Diwa in Bicutan, Taguig City. "They are under the jurisdiction of the court, which has the right to release them. We can make suggestions, but at the end of the day if the judge does not allow their release, releasing them would be illegal," said the president. Aquino indicated that the executive branch will not even seek the withdrawal of criminal information against the health workers in court. "Even if you withdraw it, you will have to ask a permission from the court. So, again, we get back to the court who makes the decision on the matter," he said. Aquino made the comments a day after Senior Deputy Executive Secretary Jose Amor Amorado dared lawyers of the Morong 43 to question the arrest warrant if they believe it to be defective. "The question we posed to the Morong 43 during our second meeting [was] why is it that their lawyers have not filed anything to quash the search warrant which was issued in Cavite? Because that will trigger whether or not the government will oppose the motion," Amorado said. According to Amorado, had the health workers' camp felt the warrant was defective, their first move should have been to ask the court to quash it. "Any [piece of] evidence that were gathered by virtue of a void warrant is the fruit of the poisonous tree and cannot be used in court," he said. The health workers, who are holding a hunger strike to dramatize their appeal for release, have maintained their arrest was based on a defective warrant. "We were tortured physically and psychologically, deprived of sleep, subjected to various indignities, threatened with harm, denied legal counsel for several days and illegally detained until now. Planted evidence was used and false charges were filed against us. Our human rights continue to be violated. Every day in jail is an injustice to us," they said in a statement dated December 3. Relatives of the Morong 43 picketed the Department of Justice (DOJ) office in Manila on Monday to ask for the immediate release of their loved ones. — LBG, GMANews.TV