MANILA — On the eve of former President Gloria Macapagal-Arroyo’s birthday, six of the Morong 43 sued her and her military and police officials for damages totaling P15 million ($346 thousand) for physical and psychological torture and other forms of human rights abuses.

The civil case was filed this morning, April 4, at the Quezon City Hall of Justice. Other respondents are former Defense Secretary Norberto Gonzales, former Chief of Staff Gen. Victor Ibrado, Gen. Delfin N. Bangit, former commander of the 2nd Infantry Division (ID) Gen. Jorge Segovia, commander of the intelligence unit of the 2nd IDPA Lt. Col. Cristobal Zaragosa, 2nd IDPA Warden Major Manuel Tabion, commander of the 202nd Infantry Batallion (IB) Col. Aurelio Baladad, 16th IBPA commander Lt. Col. Jaime Abawag, and Rizal Provincial Police Office commander P/Supt. Marion Balolong.

The Morong 43 are the 43 health workers who were arrested on Feb. 6 in Morong, Rizal by combined elements of the police and military. They were slapped with illegal possession of firearms and explosives. Thirty-eight have been released after the local courts dismissed the charges against the health workers. Two, Rogelio Villarasis and Mario Delos Santos, are still languishing in jail at Camp Bagong Diwa for other “trumped up” criminal charges and five have remained under military captivity.

“We have decided to file for moral and exemplary damages against former president Gloria Macapagal-

Arroyo and her security officials for violation of our rights. This is but a small step to end impunity in our country. Yet, this a step forward in our long march for justice,” Gary Liberal, spokesman of the Morong 43, said.

In interviews with Bulatlat.com, Rey Macabenta, Teresa Quinawayan and Mercy Castro admitted they continue to battle their fears. “I’m nervous but this has to be done,” Macabenta said.

“We have had our own collective and individual fears. But we fear most for human rights violations that go unpunished in this country,” Liberal said.

“We want to send a strong message that one cannot just get away with human rights violations. This is our contribution to efforts in making sure that violators of human rights are made accountable for their actions,” Liberal added.

The two doctors, Dr. Merry Mia-Clamor and Dr. Alexis Montes are also among the complainants.

Ephraim Cortez, one of the lawyers of the Morong 43, said the complaint is based on Civil Code provisions which make any public officer who violate the constitutional rights of individuals liable for damages.

At least five causes of action are being sought by the health workers against the former president and her officials involved in the case. These include damages for torture, damages for the violation of their constitutional and statutory rights, including their right against arbitrary and illegal detention, right against self-incrimination and right to counsel, divestment of personal belongings, Arroyo’s neglect of duty, and moral damages.

“It is not possible to undo the illegal acts of the state, so the law turns to compensation as a remedy for the victims. Although the reparation cannot fully undo the damage, it will affirm human and legal solidarity with victims of gross violations of human rights,” Cortez said.

First Case Vs. Arroyo

Edre U. Olalia, one of the lawyers of the Morong 43 and secretary general of the National Union of People’s Lawyers (NUPL), said the filing of a civil case gives them an opportunity to hold Arroyo and top military and police officials liable for the arrest, detention and torture of the 43 health workers.

Asked why Arroyo, now a congresswoman, is included as a respondent, Olalia said: “All the extrajudicial killings, enforced disappearances, illegal arrests during the nine years of the Arroyo presidency were part of the framework of Oplan Bantay Laya.” The Oplan Bantay Laya is the counterinsurgency program of the Arroyo administration.

Karapatan has documented 1,206 cases of extrajudicial killings, 206 victims of enforced disappearances, and 2,059 cases of illegal arrests and detention during the nine-year rule of Arroyo.

“She [Arroyo] either knew, acquiesced, tolerated or gave orders [on these human rights violations,” Olalia said. “Our message is clear. She cannot just go away with it just like that.”

Olalia noted that the Aquino government clearly admitted the arrest of the Morong 43 did not stand on legal grounds. “Now, the Arroyo administration must face the consequences of its actions,” Olalia said.

The complaint, Olalia said, is a product of studied analysis and is not meant to downplay the criminal aspect of the violations. He said the Morong 43 are set to file criminal charges for violations of the Anti-Torture Law and Republic Act 7438, the law that defines the rights of arrested persons.

Olalia said the case is just the first of a series of civil and criminal charges to be filed against Arroyo for human rights violations. He cited the filing of charges in relation to the abduction of Jonas Burgos, Karen Empeno and Sherlyn Cadapan and Raymond Manalo. Except for Manalo, the three activists remain missing to this day.

“We hope this first filing will encourage all other victims and families to file similar well-grounded countercharges in different fora versus top officials and high-ranking perpetrators as part of the continuing search for justice and the battle against impunity,” Olalia said.

Impunity Reigns

“We will never condone human rights violations, we will not let impunity reign, we will not let the anguished victims go unconsoled, we will not let the culprits go unpunished,” Liberal said.

Liberal deplored how the military continues to implicate four Morong 43 detainees in two separate clashes with the New People’s Army (NPA).

Samahan ng Ex-Detainees Laban sa Detensyon at Aresto called for the release of the remaining two Morong 43 detainees and the other 334 political prisoners.

“Like the Morong 43, they were heaped upon with numerous criminal charges which are meant to silence their dissent and opposition to the anti-people policies of the government. They have suffered through torture and various rights violations and injustices,” Fr. Dionito Cabillas, Selda secretary general, said.

Liberal said the AFP’s Oplan Bantay-Laya “is being continued with the latest Oplan Bayanihan, much as it pays lip-service to human rights, peace and development.”

Tanggol Bayi, a group of women human rights defenders, said President Benigno S. Aquino III has not acted to prosecute Arroyo and top military and police officials for the numerous rights violations and for the perpetuation of the climate of impunity during the Arroyo administration.

The group said Karapatan has already documented 40 victims of extrajudicial killings and five enforced disappearances.

Hustisya!, an organization of victims of human rights abuses and their families, expressed support for the filing of civil case.

Cristina Guevarra, Hustisya! secretary general, challenged Aquino to file charges against the operators of Oplan Bantay Laya.

“We have prepared ourselves that this struggle would not be easy, we have to confront those in power. But we know that this is not the only the struggle of the Morong 43 but of all Filipinos victimized [by an abusive regime]. No matter how long this battle would be, we are certain that we will win because the people are with us,” Quinawayan said.

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