MANILA, Philippines - The Philippine National Police (PNP) on Friday refused to accommodate the "Morong 38" in its national headquarters in Camp Crame, complaining that its custodial center is already overcrowded.

The "Morong 38" arrived in Camp Crame in Quezon City before 10 a.m.. They were on board 2 buses escorted by 4 military trucks, an ambulance and police mobile units.

However, the PNP leadership ordered them back to the military detention facility in Camp Capinpin in Tanay, Rizal.

Chief Superintendent Leonardo Espina, PNP spokesman, said the PNP Custodial Center could no longer accommodate the 38 inmates.

Espina said the custodial center, which only has a capacity of 96 inmates, is already overcrowded with 141 inmates.

He added that the court order to transfer the Morong 38 from Camp Capinpin to Camp Crame could not be implemented because the PNP has a pending motion for reconsideration before the Morong Regional Trial Court Branch 78.

The PNP spokesman said that they have suggested in their petition that the Morong 38 should be transferred to any regular jail facilities in Rizal province.

He added that jail facilities in Rizal should have jurisdiction over the Morong 38 because their cases are being heard by a local court there.

The Morong local court's order was in response to the military's petition to transfer the Morong 38 to Camp Crame.

The 38 inmates, along with 5 other suspects, were arrested last February from a rest house in Morong town on suspicion of being members of the Communist movement.

All 43 have been charged with illegal possession of explosives and firearms.

The court ordered only the 38 for transfer because the other 5 are already being considered as state witnesses following their supposed admission that they are members of the New People's Army (NPA) units in Quezon, Bulacan and Mindoro provinces. – Reports from Jeffrey Hernaez and Noel Alamar, radio dzMM