‘Tagaytay 5’ Seek Immediate Release
"The false charges and the concomitant
fabricated evidences will be thrown into the garbage heap of judicial
history. Inexorably, we are going to march back to freedom,” said the
Tagaytay 5.
BY DENNIS ESPADA
Bulatlat
TAGAYTAY CITY – Enduring more than 200
days of detention inside a police camp, five peasant advocates
collectively known as the "Tagaytay 5" challenged the court's jurisdiction
over them as they asked for their immediate release.
During the hearing on Nov. 13 at the
Tagaytay City Regional Trial Court, some 56 kms south of Manila, the
detainees - Riel Custodio, Michael Masayes, Axel Alejandro Pinpin,
Aristedes Sarmiento and Enrico Ybanez - filed through their lawyer a
motion to quash the amended information for rebellion filed against them
by the Philippine National Police (PNP)-Region Office 4, PNP-Cavite and
the Department of Justice (DoJ) for "lack of jurisdiction."
In a statement, the five said that the
court does not have jurisdiction over them since there was no probable
cause and the prosecution has failed to present credible evidence to
justify their captivity.
"Our arrest, nay abduction, was unlawful;
the ensuing search was illegal; hence, all the resultant evidences as
allegedly seized are inadmissible for any purpose in any proceeding," said
the detainees
As of press time, the PNP has not shown to
the court the guns, explosive materials and "subversive" documents
allegedly seized on April 28 this year in Sungay village, this city.
The detainees also argued that the court
has been "ousted of such jurisdiction due to palpable violations of the
rights of the accused" when the PNP and DoJ subjected them to
several "biased" inquests in the past.
Laura Sarmiento, wife of one of the
detainees, told Bulatlat that after an exchange of contentions
during the hearing, Judge Edwin Larida Jr. ordered the prosecution team to
submit a counter-argument within 15 days, after which the defense panel
will be given 10 days to comment before the court can decide on the
motion.
Aside from the motion, the group is also
seeking their release through a petition filed before the Supreme Court
for certiorari, prohibition with issuance of a restraining order
and/or preliminary injunction.
The five detainees -- three of whom
are farmers' organizers and agriculturists -- were accused by the PNP of
being New People's Army (NPA) rebels plotting to foment "destabilization"
on Labor Day.
They believe that the PNP and DoJ want them
to be detained indefinitely to flaunt them as "a trophy in the
anti-insurgency war," a grim reminder to determined social activists that
this is what they'll get if they carry on protesting against the
government.
"The false charges and the concomitant
fabricated evidences will be thrown into the garbage heap of judicial
history. Inexorably, we are going to march back to freedom,” said the
Tagaytay 5. Bulatlat
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