“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.com
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.com)
