The Bill of Rights guarantees speedy trial for any accused. Can postponing a hearing for seven months be called speedy trial?
Fides Lim cites the case of her husband, political prisoner Vic Ladlad, and two friends. Fides is spokesperson of Kapatid support group of families and friends of political prisoners. She posted on Facebook:
“‘Postponed na naman,’ Alberto Villamor said glumly when I saw him at the political prisoners’ quarters in Metro Manila District Jail Annex 4 in Bicutan. ‘Handa na nga ako mag-testify pero ni-reset na naman ang hearing. Biro mo, sa March pa next year ang susunod na hearing. Na-reset na nga ito nu’ng Agosto pa.’
“That’s seven months between hearings. This is the familiar – deliberate? – pattern of delays in the trumped-up case of illegal possession of firearms and explosives that landed my husband Vic Ladlad and the Villamor couple, Alberto and Virginia, in jail eight years ago today.
“All three are now in their 70s and in declining health. Vic, 77, now suffers from severe asthma-COPD overlap syndrome, a combination of asthma and chronic obstructive pulmonary disease. I call him my crooked man because of his stooped posture, and he can barely manage five minutes of exercise without wheezing. Virginia too has been in and out of the hospital because of chronic vertigo, hypertension and painful hip injury from a tricycle accident before their arrest. Alberto, a diabetic, suffers from scratchy skin and breathes unevenly.
“Virginia, my talented modista, and Alberto were collateral victims when they took in Vic after Duterte ordered the arrest of NDF consultants who had participated in the peace talks. This compassionate couple should have been released long ago. Their real names were not even in the arrest warrant.
“All three have consistently recounted what happened in the wee hours of Nov. 8, 2018 when armed men smashed the wooden front door and barged into the small Villamor apartment in Novaliches, Quezon City. They were hustled down to the ground floor and made to lie face down. But they could see the armed men bringing in long boxes, with the barrel of a long firearm sticking out of an eco-bag.
“‘Hoy, hindi sa amin ‘yan!’ Virginia remembers shouting at the armed men as they planted firearms and grenades around the small apartment.
“Vic, Alberto and Virginia are among the last seven political prisoners caught up in the notorious Villavert search warrant factory. The other four are from the Human Rights Day 7 group. Between 2018 and 2020, a series of warrants led to the arrests of 76 people, mostly activists, on identical non-bailable charges of illegal possession of firearms and explosives and with identical pattern of planted firearms/explosives and timing of raids after midnight.
“Yet 69 of the 76 arrested have since been released, and 57 cases were dismissed. Multiple warrants were voided by the courts, including the Supreme Court, for blatant constitutional violations. The warrants were described as ‘poisoned tree’.
“JUSTIIS? I take comfort in Vic’s own law of contradictions: a crooked old man in a crooked justice system, but never a crooked mile in a body bent yet the spirit unbowed. Straight as an arrow, like the fighter that he is. Ang sabi nga sa Ephesians 6:14, ‘Stand firm then, with the belt of truth buckled around your waist....’”
The Bill of Rights, Section 16, states: “All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies.”
Section 1 sets the tone: “No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.”
Section 19 (1) says: “Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted; and (2) The employment of physical, psychological or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.”
Fides cites the three provisions in a July 31 petition for habeas corpus at the Supreme Court. She lays out essential issues challenging Vic’s continued detention, including the circumstances of his arrest, the prolonged proceedings and serious concerns over his deteriorating health.
Vic’s counsel Michael de Castro said then: “Pinapahiwatig ng habeas corpus na ito, nawawalan na siya ng due process. Maliban doon, sakitin na siya. In fact, inatake na siya sa puso. Nadala na siya sa hospital several times sa walong taon na ito. Doon na ba siya mamamatay sa loob ng kulungan? Inosenteng tao ito. Hindi pa ‘to naco-convict kahit kailan.”
De Castro exemplified the grant of bail to Juan Ponce Enrile and Gigi Reyes on humanitarian grounds: “Panahon na para makalaya siya, para pagbigyan siya, at 77 years old, na mamuhay naman siya katulad nating mga mamamayan. Kung pwede ito kay Gigi Reyes at Juan Ponce Enrile, bakit hindi sa mga katulad natin? Bakit hindi pwede para kay Vic Ladlad?”
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