MANILA, Philippines - The Court of Appeals on Wednesday junked the habeas corpus petition filed by the relatives of the 43 health workers recently arrested by the military for being alleged members of the communist New People's Army (NPA). 

Voting 3-2, the appellate court said it could not issue a writ of habeas corpus for the so-called "Morong 43" because criminal charges have already been filed against them in a local court.

"Once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance of a writ of habeas corpus," the appellate court's Special Division said in a 20-page resolution.

The court added that the health workers' claims of human rights abuses allegedly committed by the military and other irregularities in the arrest of the 43 suspects have already been cured with the filing of the criminal charges against them.

The 43 suspects, meanwhile, said they will elevate their appeal to the Supreme Court.

The military and the police earlier filed charges of illegal possession of firearms and explosives against the 43 alleged health workers before the Morong Regional Trial Court Branch 78.

The charges were based on the military's claim that bomb-making materials and firearms were seized during a raid in a farmhouse in Morong, Rizal last February 6.

The Morong 43's relatives and activists claimed those arrested were engaged in community health training. They denied the military's claim that they were involved in bomb-making exercise facilitated by members of the Communist Party of the Philippines (CPP). With a report from ANC