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Court orders release of ‘Morong 43’ health workers


UPDATED 7:51 p.m. - A local court on Friday ordered the release of the “Morong 43" – the group of health workers arrested in February on suspicion that they are members of the New People’s Army (NPA). Judge Gina Cenit-Escoto of the Morong Regional Trial Court (RTC) Branch 78 on Friday granted the health workers’ freedom after 10 months in detention, upon motion of the Department of Justice (DOJ) to withdraw criminal charges filed against them. The charges of illegal possession of firearms and explosives, as well as violation of the election gun ban, were originally filed against the Morong 43.
The presiding judge said in the resolution that the health workers were arrested during an “illegal search," since the warrant used to raid the place where they were nabbed did not satisfy certain constitutional requirements. “The search warrant… should particularly describe the place to be searched… The subject search warrant made mention of an entire barangay where the properties to be seized may be found," Cenit-Escoto said in the resolution. The decision likewise ruled that the Morong 43 cannot be prosecuted since items being used to prove their guilt cannot be admitted by the court. “All the items seized during the illegal search are prohibited from being used as evidence. Absent these items presented by the prosecution, the conviction of accused-appellant for the crime charged loses its basis," the document read. In the same resolution, the court also decided to deny the opposition earlier filed by Rep. Pastor Alcover Jr. and party-list Alliance for Nationalism and Democracy (ANAD) against the health workers’ release. The Morong Municipal Trial Court (MTC) also separately dismissed cases filed against three members of the Morong 43 for violation of the election gun ban following the Morong RTC's decision to grant DOJ's motion to withdraw information against the health workers. Meanwhile, Army spokesman Col. Antonio Parlade said "The court knows best. We feel no remorse." "Let us just make sure that next time the NPAs will not be able to use more explosives in killing civilians just like what happened to Samar 11," Parlade added. He also said, "Let us not allow more trainings on the use of explosives by health workers in the future. Next we see them do these, in plain view, even civilians can arrest them without warrant. They just have to turn them over to proper authorities." How the 43 were freed The 43 health workers were arrested by the military on February 6 while allegedly conducting explosives training at a private residence in Morong, Rizal. Thirty-eight of the 43 have been detained at the Camp Bagong Diwa in Taguig City for ten months now since their arrest. The remaining five, meanwhile, are currently being held at the military facility in Camp Capinpin in Tanay, Rizal, after they supposedly admitted to being communist rebels. The detainees in Camp Bagong Diwa went on a hunger strike earlier this month to call for their immediate release from prison. Last Dec. 10, on the occasion of Human Rights Day, President Benigno Aquino III announced he ordered the dropping of charges against the health workers, after finding that they were denied due process. Earlier, Aquino had said he will not touch the Morong 43 issue.
WITH STANDING ARREST WARRANTS
The Morong RTC Branch 78 ordered on Friday the release of all 43 health workers unless they "are detained from some other lawful cause or causes." After the local court issued this order, the DOJ released a list of five of the "Morong 43" health workers who have standing arrest warrants against them for other cases. These health workers include: 1) Eulogio Castillo -Facing five warrants of arrest for murder with the use of an unlicensed firearm, Mindoro Occidental RTC Branch 44 -Arrest warrant for usurpation of authority, Batangas MTC Branch 1 -Arrest warrant for violation of Anti-Bouncing Check Law, Manila MTC Branch 13 2) Edwin Bustamante -Arrest warrant for rape, Las Pinas Branch 275 3) Aldrin Garcia -Arrest warrant for drug dependency, Quezon City RTC Branch 91 4) Antonio de Dios -Arrest warrant for violation of the Anti-Bouncing Check Law, Paranaque MTC Branch 77 5) Mario delos Santos -Arrest warrant for murder and serious illegal detention, Oriental Mindoro RTC (Branch not indicated) -Sophia Dedace, GMANews.TV
The President’s move came days after the communist-led National Democratic Front’s chief negotiator Luis Jalandoni called for the release of the health workers, saying it will play a big part in the confidence-building measure to revive the peace negotiations between the government and the NDF. Last Dec. 10, on the occasion of Human Rights Day, President Benigno Aquino III announced he ordered the dropping of charges against the health workers, after finding that they were denied due process. Earlier, Aquino had said he will not touch the Morong 43 issue. The President’s move came days after the communist-led National Democratic Front’s chief negotiator Luis Jalandoni called for the release of the health workers, saying it will play a big part in the confidence-building measure to revive the peace negotiations between the government and the NDF. Last Monday, the Department of Justice (DOJ) formally filed before the Morong RTC the motion for the release of the health workers after a reinvestigation on the incident revealed that the health workers were “illegally" arrested. — With Sophia Dedace, LBG/VVP/MRT/JV, GMANews.TV
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