Manila, Philippines - The Court of Appeals (CA) has given the Commission on Human Rights (CHR) the go-signal to proceed with its investigation against military and police officers allegedly responsible for the illegal arrest, detention and torture of the so-called “Morong 43.”
Comprising the Morong 43 are community health workers arrested in Rizal in February last year as they were suspected to be New People’s Army members.
They were released last December after being cleared by the Department of Justice.
In a 24-page decision, the CA’s Sixth Division dismissed for lack of merit the petition filed by the Department of National Defense and the Department of the Interior and Local Government seeking to stop the CHR probe.
The ruling, penned by Associate Justice Ramon Bato Jr., held that the CHR has the power to conduct the probe and determine if police and military personnel could be held liable in the case of the Morong 43.
“Clearly, in view of the clear investigative character of the proceedings in CHR-NCR-Q-10-0020, and in view of the dismissal of the cases (for illegal possession of firearms and explosives, and violation of the election gun ban) and the release of the Morong 43 which had now removed any perceived obstacle in the effective conduct of the investigation of alleged human rights violations committed against them, the instant petition must fail,” the CA ruling stated.
Justices Juan Enriquez and Florito Macalino concurred with the ruling.
The military vowed to cooperate with the CHR on its probe on the alleged torture and illegal detention of the Morong 43.
“We will cooperate with the CHR investigation. We should be transparent,” Commodore Miguel Rodriguez, Armed Forces of the Philippines (AFP) spokesman, said in an interview yesterday.
Rodriguez said upholding human rights is consistent with the AFP’s new security plan “Bayanihan,” which was enforced this year.
“Protection of human rights is a primary concern of the AFP,” he said.
The Army is unfazed by the CA ruling and is confident that those who arrested the 43 suspected rebels would be cleared.
“In the end, the truth will vindicate our troops. Pretty soon our accusers will run out of alibis and lies. Those on the side of the truth will always win. Your Army will not blink,” Army spokesman Col. Antonio Parlade Jr. said in a text message.
– With Alexis Romero