CEBU, Philippines – The Regional Trial Court yesterday granted a provisional relief to ensure that no further human rights violations will be committed against an alleged rebel leader whom the police and the military allegedly held incommunicado since his arrest in Consolacion last week.
Judge Geraldine Faith Econg of the RTC Branch 9 has ordered the marshals of the witness protection program of the Department of Justice to secure Ramon Patriarca following the court’s ruling that his rights had been “blatantly” violated by the police and the military who arrested him.
Patriarca, whom the military claimed is the deputy secretary of the Komiteng Rehiyonal ng Sentral Bisayas and a taxation officer of the New People’s Army, was arrested by the joint police and military operatives on February 5 noon in barangay Casili, Consolacion.
The arrest was based on a warrant of arrest issued by Danao City RTC Branch 25 judge Edito Enemecio for rebellion.
However, since his arrest last Thursday Patriarca was held incommunicado until yesterday morning. He was also allegedly tortured and denied his right to talk to a lawyer.
Thus, a petition for the issuance of a Writ of Amparo was filed by Catalina Jacela, as a concerned citizen on behalf of Patriarca, whose family was in Cainta, Rizal, Metro Manila.
In yesterday’s hearing of the petition that lasted for about nine hours, forcing Econg to cancel some of her scheduled hearings, Patriarca narrated how he was allegedly tortured by his “abductors”.
Patriarca said that the unidentified armed men took him from Casili to an undisclosed place where he was subjected to non-stop interrogation for 40 to 45 hours.
Different people asking questions from him and tortured him. Patriarca also said he was blindfolded since Thursday noon until Saturday.
Patriarca said he was also stripped of his clothes and made to wear a diaper while his head was wrapped with duct tape. He was then punched and a pail of water was forcibly poured into his mouth.
“The sensation was drowning,” Patriarca told the court.
Dr. Mark Chito Telesporo Molina of the Visayas Primary Health Care who physically examined Patriarca in court yesterday confirmed that the subject suffered bruises. He also diagnosed Patriarca to be suffering from acute stress disorder secondary to physical and psychological trauma.
Molina said that the bruises he found on Patriarca’s body may have been inflicted three to four days ago caused by blunt force.
Defense counsel Luvidico Cutaran, who represented Police Regional Office-7 chief Ronald Roderos and Provincial Police Office chief Carmelo Valmoria, who are among the respondents together with Central Command chief Armando Cunanan, moved to strike Molina’s testimony from the record questioning his expertise.
But Molina enumerated his credentials in court prompting Econg to overrule Cutaran.
Econg admonished the police and the military for their alleged blatant violations of the rights of Patriarca saying his rights as guaranteed by the Constitution as well as the United Nations have been violated.
Econg said the court cannot close its eyes to the blatant violations of the human rights, but she also said she cannot order Patriarca’s release because the police and military officials were able to present a warrant of arrest against Patriarca.
Econg said what she can do is ensure that Patriarca will be safe and no longer subjected to further torture and interrogation.
The judge also ordered the marshals of the witness protection program of the DOJ thru state prosecutor Graeme June Elnido to secure Patriarca until he is turned over to the court in Danao which issued the warrant of arrest.
Elnido, however, manifested that they will still enlist the help of the police and the military in securing Patriarca and the court agreed. Valmoria likewise said they need to beef up the security for Patriarca because of reports his comrades in the NPA are planning to rescue him.
The intelligence report was also one of Valmoria’s defenses in failing to turn over Patriarca’s to the marshals of the witness protection program despite the order from the court last Sunday.
Patriarca’s counsel Alfonso “Poch” Cinco moved to cite Valmoria for indirect contempt of court for allegedly refusing to heed the court’s order but the verbal motion was denied by Econg who said it has to be in writing.
Cinco said they will file a written complaint for contempt against Valmoria as they also welcomed the court’s ruling on their petition for a Writ of Amparo.
Patriarca said he is contented with the court’s action but added that he could not understand with Econg would not order his release. — Fred P. Languido/BRP (THE FREEMAN)