By RONALYN V. OLEA and ANNE MARXZE D. UMIL
Bulatlat.com
“For the second time, the Armed Forces of the Philippines (AFP) failed to produce the 43 health workers at a hearing conducted by the Commission on Human Rights (CHR).
The 43 health workers or the Morong 43 were arrested February 6 in Morong, Rizal. They are detained at Camp Capinpin. The Morong 43 filed charges of human rights violations against soldiers and policemen involved in their arrest and detention.
Ser-men Ayuyao of Judge Advocate General’s Office (Jago) insisted during the CHR hearing today April 12 that they need to secure an order from the Regional Trial Court (RTC) in Morong to bring the 43 health workers to the CHR hearing. Ayuyao said that since the court ordered the transfer of the Morong 43 to Camp Crame, the AFP was not able to ask clearance from the RTC.
“We do not need any prior authority to compel the appearance of detainees in CHR’s hearings,” CHR Chairwoman Leila de Lima said.
De Lima said the directive to produce the Morong 43 is directed to the AFP or the Philippine National Police and with or without a court order, the institutions must comply.
Romeo T. Capulong, lead counsel of the Morong 43, said the authorization from civil courts is totally unnecessary given the mandate of the CHR.
Contempt
“There is no earnest effort on the part of the AFP to comply with the order,” de Lima said.
Atty. Ser-men Ayuyao of Judge Advocate General’s Office (Photo by Raymund B. Villanueva / Kodao Productions / bulatlat.com)
The respondents filed petitions with the Court of Appeals to stop the CHR from further proceeding with its hearings on the arrest of Morong 43. The AFP claimed that the CHR has no jurisdiction to proceed with the case, citing the subjudice rule. The rule states that when a legal matter or controversy is under the jurisdiction of a court (subjudice), nobody, including the press should interfere by publishing statements or commentaries regarding the court’s handling of the proceedings.
“The CHR will not renege on its mandate under the Constitution. You have been testing our patience,” de Lima said. “We will initiate the appropriate contempt orders,” the CHR chairwoman added.
De Lima said that the March 19 order of the CHR is also directed to the high-ranking officers of both the AFP and PNP. “We can also hold them accountable,” she said.
Commissioner Cecilia Quisumbing said the decision to cite the AFP and PNP in contempt would be made by ithe Commission en banc.
No Show
Even the respondents to the complaint did not show up at the hearing. Only the lawyers of the AFP and PNP were present.
P/Supt. Allan Nubleza, chief of the Rizal Provincial Intelligence Branch (Photo by Raymund B. Villanueva/Kodao Productions / bulatlat.com)
Brig. Gen. Jorge Segovia, Col. Aurelio Balabad, commander of the 202nd Infantry Brigade and Lt. Col. Jaime Abawag, commander of the 16th Infantry Battalion of the Philippine Army, P/Supt. Marion Balonglong of the Rizal Provincial Police were among the respondents.
Arthur Llamas, counsel of the PNP, said Balonglong has another appointment. When asked what appointment it was, Llamas said he did not know.
State Prosecutor II Romeo Senson who subjected the Morong 43 to inquest proceedings without the presence of lawyers also did not attend the hearing.
