‘Morong 43’ release rests with Malacañang

Tuesday, 30 November 2010 

THE release or continued detention of the “Morong 43” health workers depends on President Benigno Aquino 3rd, Deputy Speaker Erin Tañada 3rd of the Liberal Party said Monday.
Tañada, who paid a visit to the detained “Morong 43” health workers at Camp Bagong Diwa and Camp Capinpin in Rizal on Monday, cited Justice Secretary Leila de Lima, in her previous capacity as Commission on Human Rights (CHR) chairman, has already mentioned—the evidence collected from the site where the 

“Morong 43” were having their healthcare training were illegally retrieved and are inadmissible as evidence in court.

De Lima served as the CHR chairman under the administration of Gloria Arroyo prior to her appointment as Justice secretary by President Aquino.

Tañada noted that the “Morong 43” could not pin their hopes of their freedom with the Regional Trial Court (RTC) because they have a pending appeal on the Supreme Court (SC) over their writ of habeas corpus (access to information) and writ of amparo (protection).

“They can’t withdraw their pending appeal in the SC because if they do, it’s as good as admitting guilt. 

Until that case is not settled, there will be no proceedings at the RTC level. That is why the ball is in the hands of the Executive. We don’t need RTC to decide the case anymore,” Tañada pointed out.

The “Morong 43” were charged of illegal possession of firearms and explosives, after their arrest on February 6 on suspicion of being members of the New People’s Army. The “Morong 43” has denied the accusations.

“I think the case is not in the hands of Court alone. The case of Morong 43 is still in the hands of the administration. It can withdraw the case,” Tañada added.

Withdrawing the cases against “Morong 43,” Tañada said, could not come in a more opportune time considering that the International Day of Human Rights will be celebrated on December 10.

“It may be one of the messages that the administration might want to make, that is to show that they respect human rights and one showcase is the release of the 43. Whether they’re receptive or not [to withdrawing the case] it’s hard to tell. But I’m sure this issue is not being put at the back burner. 

Hopefully something may happen before Christmas,” he said.

The deputy speaker also disclosed that he is constantly in touch with de Lima, and that the Department of Justice is studying it carefully.

Tañada, however, conceded that the situation of the 38 of the 43 members of “Morong 43” in Camp Bagong Diwa has improved compared when they were detained in the Camp Capinpin where the Morong 43 were taken out of their cell from time to time, even at dawn, to be interrogated by the military. The other five members are still imprisoned in Camp Capinpin.

LLANESCA T. PANTI