De Lima asked why it was deemed successful when they did not have Mario Condes, the subject of the warrant. Miano said it is because they were able to confiscate firearms.
“Did you direct further investigation or follow up operations on Mario Condes?” asked De Lima. Miano flatly answered, “No.”
Asked why he did not pursue the case of Mario Condes even when the latter is the subject of the warrant, Miano said: “I presumed we got the name wrong but arrested the right persons.”
Irregularities in the Inquest Proceedings
When called to testify, Senior Assistant Chief State Prosecutor Severino Gaña Jr. confirmed he approved the resolution to file charges against the Morong 43, which was written by State Prosecutor Romeo Senson. Senson conducted the inquest proceedings on the case of the Morong 43 at Camp Capinpin on Feb. 7
De Lima then castigated Gaña for approving the resolution to file the charges despite the obvious defects in the search warrant such as the incomplete address indicated.
“Law students will be able to determine the defects in a search warrant. The inquest prosecutor must know about that and must not recommend the filing of information,” De Lima said.
“I found that everything was in order. You may want to ask Prosecutor Senson,” Gaña told the CHR, adding that he was not in the position to say that the search was invalid.
Gaña said the counsels of the detainees could have asked for a preliminary investigation or move to quash the warrant. To this, Romeo Capulong, lead counsel of the Morong 43, strongly reacted: “Even in inquest proceedings, the prosecutor has the responsibility to determine the existence of probable cause. There was no probable cause against the Morong 43, they should have been released,” Capulong asserted.
Atty. Romeo T. Capulong, lead counsel of the Morong 43, asserts there was no probable cause in the case of Morong 43.(Photo by Raymund B. Villanueva / bulatlat.com)
When asked how long did it take him to read all the documents related to the Feb. 6 raid, Gaña said he could not remember how long but insisted that he went over the records before approving the resolution of Senson.
Capulong said the subject matter of the inquiry is the supposed non-bailable capital offense against 43 people and Gaña should have reviewed the documents with a perceptive eye.
Gaña said the Morong 43 lawyers could file a petition for review. Capulong answered: “We will not avail of that remedy. We no longer trust the Justice Secretary,” citing the controversial resolution of Secretary Alberto Agra on the Ampatuan massacre.
More Rights Violations
Relatives of four of the five detainees who were separated from the rest of the Morong 43 told the CHR that their loved ones were coerced into admitting they are NPA rebels.
The five are Valentino Paulino, Chenilyn Tawagon, Elen Carandang, John Mark Barrientos and Jennilyn Pizarro.
Norma Orgena, mother of Carandang, told the CHR that Carandang ‘s children were taken by soldiers from their home in Quezon province and have been staying at Camp Capinpin ever since.
A member of the CHR team confirmed that the five detainees were no longer inside the detention cells but have been staying in a bungalow house inside Camp Capinpin. He also said that there are seven children staying with the five detainees inside the military camp.
Adoracion Paulino, mother of Valentino, Junie Pizarro, brother of Jennilyn, and Marilou Barrientos, mother of John Mark asked the CHR to accompany them to Camp Capinpin. All of them expressed fear that they too would be taken by the military.
Adoracion related that before Holy Week, soldiers went to their house in Bulacan and attempted to take the three siblings of Valentino.
Capulong said the military has become sophisticated in their psywar tactics. He said that the prolonged interrogation period enabled the military to identify the most vulnerable among the detainees. For almost 36 hours, the Morong 43 were denied access to their lawyers.
“The AFP identifies easy targets for pressure and material incentives,” Capulong said. (Bulatlat.com)
