DOJ: Morong 43 dismissal 'a matter of course'

MANILA, Philippines - Relatives of the Morong 43 want the Armed Forces to account for what they call the illegal arrest and detention of the health workers.

"We found out the search warrant they used is not specified, it was for a certain Mario Condes whom we believe to this day the person is a fictitious person. People in the village don't even know who this person is," said Jigs Clamor, husband of Dr. Merry Clamor, who is one of the 43 health workers.

"They should be made accountable and the Commission on Human Rights has yet to complete its investigation. We've filed a complaint before the CHR. It was stopped because of the Temporary Restraining order filed by the Department of National Defense, including the Judge and the Counsel of the five detainees. There should be a continuation of this investigation," he added in the ANC "Headstart" interview.

"The Justice Department including President Aquino have pointed out irregularities, violations of the fruit of the poisonous tree doctrine. The next thing that needs to be done is to investigate, prosecute for violations against the Morong 43."

Procedural lapses

Clamor, who is also Secretary General of Human Rights group Karapatan, said there was a five-day delay in the filing of charges against his wife and her companions.

"It's a clear violation. Considering that the charge against them is non-bailable, the case should've been filed within 72 hours."

Clamor said they had filed a Writ of Habeas Corpus but after that was dismissed, they brought it up to the Supreme Court.

Clamor said they question the arrest, considering the military's admission that the arrest of 43 health workers had contributed to meeting the deadline of its counter-insurgency program or Oplan Bantay Laya, what even earned two military officials Bronze cross medals.

Clamor pointed out, its clear from the testimonies of the Morong 43 they are legitimate health workers duty-bound to serve the public.

"Regardless of their political beliefs, they follow the Hippocratic Oath."

Human rights violations

Clamor recounted that on February 6, combined elements of the military and police, upon storming the venue of the group's health training, blindfolded the accused and tied their hands.

The suspects were also deprived of sleep for more than 30 hours.

"Hindi sila pinahiga, nakaupo lang sila."

Citing the statements of the Morong 43 in their affidavits, Clamor said the health workers were subjected to various forms of indignity.

"Lahat sila and wen they go to the toilet naka-blindfold and they did not know whether in front of them were male or female military personnel. For some, they were made to wear adult diapers... Some of them said the personnel were even the ones who washed their private parts."

At one point, Clamor said, his wife was even threatened.

"In the case of my wife, she's been threathened that if she is not going to cooperate and admit that she's a member of the New People's Army some harm will happen to her family."

Calling the President's order the withdrawal of charges against the Morong 43 a success, Clamor said they will continue to have reservations until the moment his wife walks free.

Morong 43 release

In a separate interview on ANC's "Headstart," Justice Secretary Leila de Lima said the health workers could be released within the week.

"We're looking at within the week, because I was advised by the Prosecutor General, we don't need to set it to hearing anymore," de Lima said. "It's in the nature of the non-litigated motion. It's the prosecution who's filing this, and there is no oppositor. There's no need for a formal hearing. It will be deemed submitted for resolutuon by the court, and anytime the Court can rule on it."

The DOJ is set to file motions to withdraw the charges against the health workers today.

Dismissal 'a matter of course'

In a separate interview on ABS-CBN's "Umagang Kay Ganda," de Lima said she sees no hindrance to the dismissal of the case against the Morong 43.

"Wala kaming nakikitang problema. So, I think the dismissal of the cases would be a matter of course," De Lima said.

She added, the basis for the withdrawal of charges is strong.

This comes amid reports, there were procedural lapses in the arrest of the group in Morong, Rizal.

"Tiningnan ko yung record. Talagang nangingibabaw yung applicability ng fruit of the poisonous tree doctrine. Its useless and unfair and pointless to pursue the case, anyway the evidence will be inadmissible under that doctrine."

The military stands by its allegation that the health workers are members of the New People's Army.

On ANC, de Lima noted, if political affiliation with the NPA were true in the case of the Morong 43, it would not be enough basis to arrest the health workers.

"Mere membership (to the NPA) is no longer considered illegal. There has been a repeal of the Anti- Sedition Law. If members of the underground movement commit a crime they can be held accountble, but membership is not a violation of the law," de Lima said.

AFP morale

Amid talk, the President's order has created a dent within the armed forces, De Lima said, the order was not meant to undermine the AFP's anti-insurgency operations.

"This is a question of upholding the rule of law on the part of the President, when he ordered the withdrawal of charges, its not to undermine the operations of the Military. Its in the name of national interest. I think the military is professional enough."

AFP Spokesperson Brigadier General Jose Mabanta has denied the issue has affected their morale adding they will follow the Commander-in-Chief and remain loyal to the chain of command.