Court of Appeals defers hearing on release of 43 health workers

MANILA, Philippines - The Court of Appeals (CA) yesterday deferred the hearing of the petition seeking the release of 43 health workers in Rizal who were accused by the military of being members of the communist New People’s Army (NPA).

The CA’s special first division scheduled the hearing for the habeas corpus petition on Monday after the Armed Forces of the Philippines (AFP) failed to present the health workers following the order of the Supreme Court (SC).

The failure of the military to comply with the SC order prompted Associate Justice Normandie Pizarro to move for postponement of the hearing and reprimand Col. Aurelio Baladad, commander of the Army’s 202nd Infantry Brigade holding the health workers.

Justice Pizarro grilled Baladad on why they were not able to present the 43 before the court.

“The essence of the writ (of habeas corpus) is immediacy. It might send a wrong signal in the future that we may not produce the bodies for the reason that they (AFP) have yet to coordinate with the PNP (Philippine National Police),” Pizarro warned.

Baladad replied they received the order last Thursday and would need at least three days to coordinate with the PNP to arrange a well-secured transfer of the 43 detainees.

Pizarro replied: “You are the biggest armed group in the country. That is your problem. That is your job.”

Baladad though confirmed that all 43 are in Camp Capinpin in Tanay, Rizal.

Assistant Solicitor General Renan Ramos, representing the AFP and PNP officials named respondents in the case, urged the CA to dismiss the petition since the 43 were already charged before the Morong Regional Trial Court (RTC) last Thursday.

But the legal counsel of the petitioners, led by Romeo Capulong, argued that “all the detainees were illegally arrested” and up to now, their rights are being violated. He stressed they have gone through “a long, unbroken chain of violence of the most cherished fundamental right of every individual.”

Capulong said the charges were filed beyond the required 36-hour time limit.

Acting Presiding Justice Portia Hormachuelos ordered the AFP to present the 43 persons at the next hearing on Monday at 2 p.m. She also said that the records of the entire inquest proceeding would be requested from prosecutor Romeo Senso.

Relatives of the detained health workers filed the habeas corpus petition last Tuesday urging the SC to order the police and military to present the 43 and justify their continued detention.

Named respondents in the petition apart from Baladad were AFP chief Gen. Victor Ibrado, PNP chief Director General Jesus Verzosa, Army chief Lt. Gen. Delfin Bangit, Army 2nd Infantry Division commander Maj. Gen. Jorge Segovia and Rizal PNP director chief Superintendent Marion Balonglong.

The 43 were arrested at a farmhouse in Morong, Rizal last Saturday while attending a supposed bomb-making workshop of the NPA.

The Community Medicine Development Foundation (COMMED) claimed the 43 were attending their “Community First Responders Health Training” when the police and military arrested them.

COMMED officials said the farmhouse is owned by Dr. Melecia Velmonte, COMMED’s chairman and a renowned infectious disease specialist. – With Katherine Adraneda, Mayen Jaymalin, Rainier Allan Ronda