Justice for the 43 Health Workers !!!

Morong 43 still fighting for justice, decry continuing military harassment to kin

noreply@blogger.com (Elav) — Fri, 24 Jan 2014 02:10:00 +0000

(Manila, Philippines) -- After three long years, the Morong 43 are still fighting for justice and seeking accountability for the grave human rights violations made by Mrs. Gloria Macapagal Arroyo (GMA) and her cohorts for ten months in 2010.

Members of the Morong 43, relatives and supporters together with the Justice for the Morong 43! Justice for All Victims of Human Rights Violations! Alliance troop today to Quezon City Regional Trial Court (QCRTC) to submit their “pre-trial brief of claims and defenses” to the court’s Branch 96 for their Civil Case No. Q11-69171.

Dr. Alex S. Montes, physician and spokesperson of the Morong 43 health workers said the cases they filed against GMA and state force officials “have not moved significantly” three years after they filed it in court. “This shows the Aquino administration’s non-committal to the immediate attainment of justice for victims of human rights violations,” he said.

Six of the Morong 43 filed a P15 million civil suit on April 2011 against GMA, et. al for the illegal arrest, detention and torture which were carried out and committed against them on February 6, 2010 until they were released on December 17 of same year.

According to the Justice for the Morong 43 Alliance, while justice is not moving, “military harassments on members of the Morong 43 continue like Dr. Montes and his family". The Alliance cited a certain “Espartinez”, a United Church of Christ in the Philippines (UCCP) military chaplain as among those who continuously spread lies and intrigues against him and his colleagues in the First Responders’ Health Skills Training in Morong. Espartinez never stopped sending him various reading materials through mail since they were freed from prison in December 2010, he shared. The military chaplain even went as far as distributing fliers to UCCP members after a church service last Sunday, January 19, where he and his family attend mass, about a so-called “Morong 43 member” who was ambushed by the military at Bulacan in August last year. Suspicious looking men were also observed outside their house prior to today’s submission of pre-trial brief.

“Military agents are working round the clock in a futile effort to discredit the Morong 43 and say we are members of the New People’s Army to justify the torture and illegal detention we suffered in the hands of the military,” Dr. Montes said.

He said such actions are “clear forms of harassment” in an attempt to threaten them against pushing forward with their cases against GMA and other leading police and military officials who are still “pulling the strings in key government positions.”

“They failed to break our spirits in prison, they will fail again. Our commitment to serve the poor and fight all forms of injustice is what keeps us grounded and steadfast in our cause. This is our contribution to the Filipino people’s struggle to break the culture of impunity and fail the Aquino regime’s Oplan Bayanihan,” he concluded.

Dr. Montes is among scores of volunteer doctors who immediately went to Samar and Leyte to render free medical and surgical services to the survivors of Typhoon Yolanda. He and his colleagues continue medical mission and rehabilitation work in Eastern and Western Samar.##

CA to confirm promotion of military official who led the illegal arrest, detention and torture of Morong 43

noreply@blogger.com (Elav) — Wed, 04 Sep 2013 13:00:00 +0000

The man who headed the arresting team that brought the health workers to their worst nightmares is now up for promotion. Col. Aurelio Baladad, head of the arresting team that President Aquino himself said “denied (the Morong 43) due process” is asking the Committee on Appointments that his promotion be confirmed.

The Morong 43, relatives and supporters troop to the gates of the Senate of the Philippines at 9:00 this morning to oppose the re-appointment of BGen. Aurelio Baladad because of his questionable integrity and moral fitness to assume the post he is being promoted to.

Dr. Montes said that the Morong 43 will present before the Commission on Appointments (CA) “not to establish the criminal or civil liability of Col. Baladad” but to question the military officer’s “integrity and moral fitness” to the position he is being appointed to. Dr. Montes furthered that PNoy himself acknowledged the fact in December 10, 2013 that the Morong 43’s right to due process was violated when he declared that the illegal arrest and detention of the health workers was a “fruit of the poisonous tree.” Hence, the Morong 43 should be set free.

“A position that entails so much responsibility and demands utmost respect for human rights should not be entrusted to someone like Col. Baladad who is facing serious charges of human rights violations. If President Aquino has forgotten what he himself has previously acknowledged – that our human rights were violated- we have not. We are asking the Honorable Commitee not to forget as well. We are asking the Honorable Committee to DENY/WITHHOLD THE CONFIRMATION of Col. Baladad,” Dr. Montes’ statement further read.

Dr. Montes is one of the 43 health workers arrested in Morong, Rizal on February 6, 2010 and have been collectively referred to as the “Morong 43”. On the basis of a void search warrant, members of the 202nd Brigade raided the training house owned by an esteemed infectious disease specialist where they were having a “First Responders’ Training.” Like the rest of the Morong 43, he was blindfolded upon their arrest, boarded into a truck and brought to what later turned out to be Camp Capinpin in Tanay, Rizal. For 36 straight hours from the time of their rest, they were kept continuously blindfolded while being subjected to alternating episodes of intense interrogation, verbal abuse, threats to their persons and family and physical abuse including electrocution.

For several days, they were subjected to these forms of physical and psychological torture while they denied access to any member of their family and legal counsel.

After ten (10) months of detention, the criminal charges against the health workers were withdrawn paving the way for their freedom. President Aquino himself ordered the withdrawal of the charges against them. In his speech on December 10, 2010 – International Human Rights Day, President Aquino acknowledged that the Morong 43 "was denied due process."##

(Filipino)

Opisyal na militar na namuno sa illegal sa pag-aresto, tortyur at pagkulong sa Morong 43 mapo-promote

Ang opisyal ng militar na nagdala sa 43 manggagawang pangkalusugan sa kanilang pinakamasamang bangungot ay kukumpirmahin ngayon para sa kanyang promosyon. Si Col. Aurelio Baladad, pinuno ng arresting team na tinukoy ni Pangulong Aquino noon na “nagkait (sa Morong 43) ng due process” ay humihiling sa Commission on Appointments na kumpirmahin ang kanyang promosyon.

Ang Morong 43, mga kaanak at taga-suporta ay pupunta sa Senado ngyaong ika-9:00 ng umaga upang tutulan ang re-appointment ni Col. Aurelio Baladad dahil sa kanyang kwestyonableng moralidad at integridad para sa posisyong pagtatalagahan sa kanya.

Sinabi ni Dr. Alex Montes na ang kanilang grupo ay haharap sa Commission on Appointments hindi upang ilahad ang “criminal o civil liability” ni Col. Baladad. Haharap sila upang kwestyunin ang “integridad at moralidad” ni Baladad para sa posisyong hinihingi niya. Sabi pa ni Dr. Montes, kinilala mismo ni Pangulong Aquino na ang pa-aresto at pagkulong sa kanila noong 2010 ay labag sa “due process” at ito ay “bunga ng nakalalasong puno.”

Ayon sa pahayag na babasahin ni Dr. Montes sa Commission on Appointments, “ang isang posisyon na napakalaki ng responsibilidad at respeto sa karapatang pantao ay hindi dapat ipagkatiwala sa isang taong gaya ni Col. Baladad na humaharap sa mga kaso ng paglabag sa karapatang pantao. Kung nakalimutan na ni Pangulong Aquino ang kanyang mga binitawang salita noong 2010 hinggil sa aming illegal na pagkakaaresto, kami ay hindi nakakalimot. Hinihikayat din namin na ang komiteng ito ay huwag ding makalimot sa kasaysayan. Hinihingi naming ipagkait ng komiteng ito ang kumpirmasyon sa promosyon ni Col. Baladad.”

References:

Dr. Alex S. Montes
929-8109

Rehashed claims of Military that Morong 43 are NPAs: WHEN WAS TORTURE EVER JUSTIFIED?

noreply@blogger.com (Elav) — Sun, 25 Aug 2013 13:00:00 +0000

Like a ghoulish ritual for the carcass of the dead, the military once again would resuscitate its long discredited claim that our clients, the Morong 43 Health Workers, are members of the underground New People's Army.

Jumping on another opportunity to peddle this storyline - quite inherently contradictory most of the time - they now claim that one of those killed in an encounter weeks ago was in fact a former member of the Morong 43 who were illegally arrested, searched, detained and tortured more than 3 years ago.

It now claims that most of our clients "have returned to the hills" even as it concedes that a number of them have "continued" to be members of "progressive organizations." It confirms that our clients - especially those who are visible in rallies and public places or events or who chose to file cases against them and whom they stalk to this very day - continue to engage in health services.

As for the all the rest that are less visible or who chose to keep a low profile if not a "quiet" life after their horrific ordeal for 10 months, the military automatically claims are again NPAs. Except of course a select few of them that they have spoiled and are living it up as their glorified slaves.

If the military cannot keep its facts straight, at least -if it has time- it should review its math. Even their convoluted figures do not literally add up.

As for Ramon dela Cruz who was reportedly killed in an alleged encounter, the belated claim that he is an NPA and the same person as the namesake of a former member of the Morong 43 is grounded on questionable bases and circumstances.

The comparison with his supposed mugshots and the similarity of the names of his supposed parents that he allegedly disclosed while under extreme and hostile interrogation in isolated detention is at best self-serving and at worse contrived if not malicious. And it does not help one bit that those who purportedly corroborated his identity as an NPA were most probably the usual roving mad dogs and itinerant professional "rebel returnees."

And what if he was? On the supposition which cannot be independently established that he became an NPA after he was released, as far as his basic human rights were concerned, so what?

While we as lawyers are absolutely positive that our clients were not members of the NPA at the time the incident of illegal arrest happened, we are not privy into the minds and daily lives of each and every single clients of ours after our legal engagement. We are incompetent and would be pretentious to judge them in whatever choices or options they subsequently take.

Yet we would be the least surprised as counsels who have known their torment up close that they are simply frustrated or have just had enough of a system that has betrayed them, with their pending cases they had filed personally and in constructive representation of others to seek justice in the Supreme Court, the Ombudsman, the Regional Trial Court and the Commission on Human Rights still in outstanding limbo after all these years.

We have to remember these people who just wanted to help the poor and those in need went through horrendous psychological and even physical torture, not to mention illegal arrest, search, detention and denial of counsel. The arguable supposition that one of them became an NPA more than 3 years afterwards does not make those violations right, much less make those liable for such violations immaculate.

Otherwise, we would accept the strained fallacy as follows:

the military claims the Morong 43 are NPAs,
there were violations of their rights including torture,
the Morong 43 deny that they are NPAs but are community health workers,
the killing of one of them supposedly confirmed he was an NPA,
all of the Morong 43 were therefore NPAs all along, and
Ergo, the torture and rights violations are proven justified and it is alright to have tortured them after all.

While checking on its arithmetic, it would also do well for the military and those who want to get away with impunity -again if they have time- to review their logic if not their sense of right and wrong.

Indeed, when was torture by anybody on anyone at anytime and in any place and under any circumstance ever justified? #

Reference:
Edre U. Olalia
Secretary General - National Union of People's Lawyers [NUPL]
0917 511 3373

Maj. Gen. Irriberi is a tireless parrot recycling old lies

noreply@blogger.com (Elav) — Sat, 24 Aug 2013 04:33:00 +0000

Maj. Gen. Hernando Irriberi should speak against the massive corruption hounding the pork barrel instead of recycling old lies and selling fruits of a poisonous tree.

This is the reaction of Dr. Alex Montes, spokesperson of the Justice for the Morong 43! Justice for All Victims of Human Rights! Alliance. Dr. Montes, a medical doctor serving communities since he graduated from medical school, echoed that their group is outraged by Maj. Gen. Irriberi’s statement linking a slain New People’s Army combatant to the identities of the Morong 43. He was identified by the 7th Infantry Division based in Bulacan named as Ramon dela Cruz.

“The Morong 43 are not members of the New People’s Army. We are health professionals and Community Health Workers serving tirelessly in the farthest recesses of the nation that are neglected by our government,” he said.

Clearly, the military is resurrecting old lies to use as credit for their promotion and discredit the human rights cases filed against them by the Morong 43.

The Armed Forces of the Philippines is also very much guilty in the massive corruption associated with the pork, the Morong 43 Alliance said.

“This malicious report will not dampen our spirits in fighting for justice that is due. We will fight until the very end until the last of the human rights violators in our case is put to jail,” Montes said.

The group challenged Irriberi to “make their salaries from tax payers’ money worthwhile by purging corrupt officials within their ranks and stop peddling lies to the public.”

The Morong 43 was released after ten months of torture and illegal detention in 2010 after the government was pressured by national and international people’s organizations and eminent individuals. PNoy and the Department of Justice withdrew the charges based on the doctrine of the “fruit of the poisonous tree.” The doctrine meant that any charges filed against anybody will not hold water if the manner of arrest or gathering of evidence is illegal or did not follow the legal prescriptions.##

References: Dr. Alex S. Montes
0927-9259413 | (02)929-8109

Morong 43 not surprised on Brig. Gen. Baladad's promotion, says PNoy rewards military for human rights violations

noreply@blogger.com (Elav) — Fri, 05 Jul 2013 00:12:00 +0000

PNoy has set a new mileage in his administration – promoting human rights violators swiftly and regularly.

This was the reaction made by the Justice for the Morong 43! Justice for All Victims of Human Rights Violations! alliance upon learning of Baladad’s appointment as new head of the Philippine Army’s 3rd Infantry Division that holds jurisdiction of the entire Western Visayas.

“We are not surprised that Gen. Baladad was promoted because the Aquino administration obviously rewards instead of punishes human rights violators such as Gen. Baladad,” says Dr. Alex Montes, spokesperson of the Morong 43 alliance.

Baladad will replace retired Major General Jose Mabanta who stepped down from his position on June 19.

Dr. Montes comments that Baladad should not have been promoted because of pending cases slapped against him, CGMA, and other high military and police officials by members of the Morong 43.

The doctor says that the Morong 43 and its alliance will fight for justice until every single perpetrator of the crime against their human rights is brought to justice.

Reference:

Dr. Alex S. Montes
0927-9259413 | 929-8109

Morong 43 to Quezon City court: Resist the delaying tactics of GMA camp, practice impartiality

noreply@blogger.com (Elav) — Fri, 28 Jun 2013 09:15:00 +0000

GMA and her camp are once again derailing the wheels of justice and the presiding judge on the Morong 43 civil case is aiding them.

The Morong 43 health workers and their relatives decried GMA’s camp dilatory tactics and the submission to them by the sala of Judge Afable Cajigal in today’s filing of an Ominibus Motion for pre-trial and inhibition. “By not calling for the pre-trial conference, the judge, in effect, becomes an accomplice to the injustice staged by these human rights violators against the Morong 43, “ said Dr. Alex Montes, spokesperson of the Justice for the Morong 43! Justice for All Victims of Human Rights Violations! alliance.

The health workers also called for the judge to inhibit himself from hearing the case.

Dr. Montes added that they have lost confidence on Judge Cajigal’s capacity to render a just decision because he failed to prove his impartiality to the case by granting the Motion to Suspend Proceedings filed by GMA and other respondents on January 30, 2013. Four (4) months have passed and the judge has not lifted a finger to revisit the case and call for a single hearing, the doctor lamented.

In their motion, the Morong 43’s legal counsels said that the court can, “take judicial notice of the fact that no temporary restraining order or writ of preliminary injunction is issued by the Court of Appeals to restrain or enjoin this Honorable Court from hearing this case.” Therefore, Judge Cajigal should have proceeded with the case, Dr. Montes said.

Dr. Montes furthered that their group’s resolve to bring justice to their case and others similar to theirs will not be weakened by any tactics employed by GMA and a biased judge.##

Reference:
Dr. Alex S. Montes
0927-9259413 | 929-8109

Morong 43 health workers deplores GMA and her Military cohorts’ Delaying Tactics

noreply@blogger.com (Elav) — Fri, 01 Feb 2013 05:07:00 +0000

“Render Swift Justice, Convict GMA and her military cohorts for their human rights abuses!”

This remains the battle cry of the Morong 43 in their pre-trial conference today at the Branch 96 of the Quezon City Regional Trial Court for the Civil Case No. Q-11-69171. Amidst dilatory tactics by the defendants to delay the trial of the civil case, the group reiterated calls for Congresswoman Gloria Macapagal-Arroyo and her top military and police officials’ conviction on the rights abuses they committed against the Morong 43 health workers in 2010.

On January 24, 2013 lawyers of GMA et.al submitted petition seeking for the court’s suspension of the pre-trial conference. In a related case, the defendants filed a petition to stop the hearing of the criminal case filed by the Morong 43 at the Ombudsman citing as reason the on-going civil case filed at the Quezon City Regional Trial Court. Both petitions were denied.

“We are aghast with GMA and her cohorts’ legal manoeuvring to delay our quest for justice. Unfailingly, they have been filing motions after motions, petitions after petitions to derail the trial process . It has been nearly two years since we filed the civil case in April 2011 and until now, the case is still in its pre-trial stage,” laments Dr. Alex Montes, one of the Morong 43 and plaintiffs in the P15 million civil suit against the former president.

The Morong 43 through their lawyers will submit for the pre-trial conference their brief statement of claims and defenses, affidavits and documentary evidence.

“We want GMA and her cohorts to pay for their human rights abuses. We hope that formal hearings for the case will commence after today’s pre-trial meeting. We call on Judge Afable Cajigal and the Ombudsman to resist the delaying tactics being employed by the defendants to derail the trial,” said Dr. Montes. “We remain resolute to push on with this case until we claim justice for ourselves and other victims of human rights abuses,” added Dr. Montes. ###

The Justice for Morong 43, Justice for All Victims of Human Rights Violations holds support picket during the preliminary trial conference of the Civil Case No. Q-11 69191 against GMA et al.
The group denounces GMA group's dilatory tactics and calls for a speedy resolution of the case.

Morong 43: Inangilan ang Delaying Tactics ni GMA at mga Alipores na Militar

“Tiyakin ang mabilis na Hustisya, Panagutin sina GMA at mga alipores na militar sa pag-abuso sa karapatang pantao!”

Ito ang nananating sigaw ng Morong 43 sa pre-trial conference na nakatakda ngayong araw sa Branch 96 ng Quezon City Regional Trial Court para sa isinampang Civil Case No. Q-11-69171. Sa harap ng mga taktika para patagalin ang paglilitis ng kasong sibil, muling inihahayag ng grupo ang panawagan nitong panagutan si Gloria Macapagal-Arroyo at ang kanyang mataas na opisyal ng pulis at militar sa mga pag-abuso sa mga karapatan ng mga manggagawang pangkalusugan noong 2010.

Noong Enero 24, 2013 nagsumite ng petisyon sa korte ang mga abugado ni GMA et al para suspendihin ang pre-trial conference. Sa kaugnay na kaso, ang mga nasasakdal ay naghain rin ng petition para ipahinto ang pagdinig sa kasong kriminal na isinampa ng Morong 43 sa Ombudsman sa kadahilanang mayroon pa raw kasong sibil na kasalukuyang nakasampa sa Quezon City Regional Trial Court. Ang parehong petisyon ay tinanggihan ng korte at Ombudsman.

“Namumuhi kami sa pagmamaniobra ni GMA at ng kanyang mga alipores para harangin ang aming paghahanap ng hustisya. Walang palya ang kanilang pagsasampa ng mosyon at petisyon upang patagalin ang proseso ng paglilitis. Magdadalawang taon mula noong isampa naming ang kasong sibil noong Abril 2011 at magpahanggang ngayon ang kaso ay nanatiling nasa pre-trial stage pa rin,” paghihinagpis ni Dr. Alex Montes, isa sa Morong 43 na nagsampa ng P15 milyong kasong sibil laban sa dating pangulo.

Nakatakdang isumite ng Morong 43 para sa pre-trial conference ang kanilang maikling pahayag tungkol sa claim at depensa, affidavit at mga ebidensya.

“Nais naming managot sina GMA sa pag-abuso nila sa karapatang pantao. Umaasa kami na magtutuluy-tuloy na ang paglilitis matapos ang pre-trial meeting ngayong araw. Nanawagan kami kay Judge Afable Cajigal at sa Ombudsman na tanggihan ang mga ginagawang delaying tactics ng mga nasasasakdal para patagalin ang kaso.” saad niDr. Montes.

“Mananatili kaming matatag sa pagsuluong ng kasong ito hanggang sa makamtan namin ang hustisya para sa aming sarili at para sa lahat ng mga biktima ng paglabag sa karapatang pantao,” dagdag ni Dr. Montes. ###

Reference:

Dr. Alex S. Montes
0927-9259413 | 929-8109

Morong 43 health workers on the hunt for former defense sec, military camp warden

noreply@blogger.com (Elav) — Sat, 24 Nov 2012 22:08:00 +0000

Original Post: Morong 43 health workers on the hunt for former defense sec, military camp warden

Hide and seek with the military and police, as Court affirms GMA still in suit

Morong 43 health workers on the hunt for former defense sec, military camp warden

“Nagtatago o itinatago?”

The counsels of the Morong 43 health workers today challenged President Noynoy Aquino and Armed Forces chief Jessie Dellosa to disclose the latest address of former Defense Secretary Norberto B. Gonzales and Camp Capinpin warden Manuel Tabion, in a show of good faith and in a bid for accountability.

“If this administration says it is sincere in seeking justice for victims of human rights violations, then it should help us in the proper administration of law. Otherwise, it may be fated to follow in the footsteps of the Arroyo administration – to make the same mistakes and find itself hauled before the courts as well,” said Atty. Ephraim Cortez, handling lawyer from the National Union of Peoples’ Lawyers (NUPL).

The Morong 43 are suing former President Gloria Macapagal-Arroyo and other top officials for P15 million worth of damages over the workers’ illegal arrest and detention through eight months in 2010. Gonzales and Tabion have not replied to any communication from the court, meaning the justice system cannot proceed as to claims against them.

Six health workers, led by Dr. Merry Mia Clamor and Dr. Alexis Montes, today asked the court’s permission to send the summons for the “missing” two to be published instead of handed over personally. The Office of the Provost Marshall of the Armed Forces of the Philippines and the Directorate for Personnel of the Philippine National Police have declared that they have no forwarding address for either, and refused to accept correspondences.

“We are forced to resort to summons by publication because we cannot locate the two defendants. To date, Gonzales and Tabion have refused to submit to the jurisdiction of the court, and the military establishment has refused to provide assistance to our clients to ascertain their whereabouts,” said Atty. Cortez.

Gonzales is the former Defense Secretary who is being sued for his acquiesence, if not active involvement in the illegal arrest and detention of the health workers over eight months in 2010. Tabion was the commanding officer and warden of the Army’s Camp Capinpin, and accused of leading the physical and psychological torture on members of the group.

Branding the Army’s stance ludicrous, the NUPL scored the obvious refusal to cooperate especially since Tabion is reportedly still in active service. “The military and police want us to believe that they have no access to or contact with them. It’s either they are incompetent at keeping tabs on their people, or they are trying to hide them from us. Maybe they are all cavorting together someplace with former Gen. Palparan, Col. Oscar Legaspi, and the like,” said Atty. Cortez. The group alluded to two other top-ranked military officials wanted for the abduction of two UP students, and the murder of labor leader Rolando Olalia, respectively, who have been both at large for several years.

On the other hand, Arroyo and retired generals Victor Ibrado and Delfin Bangit have actively participated in the civil case. They have repeatedly asked the suit be dismissed, citing their personal non-involvement in the arrest, detention and torture of the Morong 43. Quezon City Regional Trial Court Branch 96 Judge Afable Cajigal today junked their petitions for dismissal again and ordered the case to proceed.

The multi-million damage suit was filed in April by Dr. Merry Mia Clamor, Dr. Alexis Montes, nurse Gary Liberal, Ma. Teresa Quinawayan, Reynaldo Macabenta and Mercy Castro. It is anchored on four causes of action: the illegal arrest, detention, and other violations of their constitutional rights; the alleged physical, verbal and psychological abuses; and the divesting of the plaintiffs’ personal belongings.

The separate criminal case filed against Arroyo’s top military officials, filed May earlier this year, is still pending before the Ombudsman.

Reference:
Atty. Ephraim Cortez,
NUPL Assistant Secretary General for Legal Services
09175465798

Court denies CGMA Motion for Reconsideration on Morong 43 case

noreply@blogger.com (Elav) — Sat, 24 Nov 2012 12:45:00 +0000

A small victory for the Morong 43 and all victims of human rights abuses under the Arroyo presidency.

This was how Dr. Alex S. Montes, member of the Morong 43 and one of the named plaintiffs in the 15-million civil suit filed against Congresswoman Gloria Macapagal-Arroyo, et. al accepted today’s decision of Presiding Judge Afable E. Cajigal of Quezon City Regional Trial Court Branch 96.

Cited under Civil Case No. Q-11-69171, the judge found that the said Motion for Reconsideration filed by CGMA, et. al were “reiterations and mere rehash of the grounds relied upon in the defendant’s Motion to Dismiss.” The order explained that the Motion to Dismiss was “exhaustively passed upon” by the previous court Branch 226 of the QC RTC, then presided by Judge Ma. Luisa Padilla who proceeded to assume a post in the Court of Appeals.

Hence, Judge Cajigal in his decision, found no “cogent reason to depart from the previous ruling of Branch 226” and ordered that the “instant motion is hereby DENIED.”

“We are elated that the court found the basis of our arguments valid and that Mrs. Arroyo and her cohorts have an equal peg in terms of accountability for the human rights abuses we underwent in the hands of our captors,” Dr. Montes said.

He added that today’s decision only proves that no head of state or top military and police official can get away with what their minions on the ground do to innocent civilians. At the end of the day, command responsibility and state policies still govern the actions of the military and police institutions.

“We remain resolute to push on with this case until we claim justice for ourselves and all victims of human rights abuses,” added Dr. Montes.

The pre-trial was reset to January 31, 2013.

Reference:

Dr. Alex S. Montes
0927-9259413 | 929-8109

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SUPPORTERS OF THE MORONG 43 GATHER AT THE QUEZON CITY HALL OF JUSTICE

noreply@blogger.com (Elav) — Fri, 23 Nov 2012 18:53:00 +0000

(Photos by:Ruth Bautista/Council for Health and Development)

Some 55 Community Health Workers held a program outside the QC Hall of Justice to express their support For the Morong 43.

Morong 43 vs GMA et. al pre-trial set today

noreply@blogger.com (Elav) — Fri, 23 Nov 2012 15:49:00 +0000

“Convict GMA, et. al for their human rights abuses!”

This is the battle cry of the Morong 43 in their pre-trial today at Branch 96 of the Quezon City Regional Trial Court. The group called for Congresswoman Gloria Macapagal-Arroyo and her top military and police officials’ conviction on the rights abuses they committed against the health workers in 2010.

“We want GMA and her cohorts to pay for their human rights abuses,” said Dr. Alex Montes, one of the Morong 43 and plaintiffs in the P15 million civil suit against the former president.

The other defendants are former National Security Adviser Norberto Gonzales, former Armed Forces Chief of Staff Gen. Victor Ibrado, former Army chief Maj. Gen. Delfin Bangit and former 2nd Infantry Division chief Maj. Gen. Jorge Segovia. Also included are Lt. Col. Cristobal Zaragosa, Maj. Manuel Tabion, Col. Aurelio Baladlad, Lt. Col. Jaime Abawag and Supt. Marion Balolong and Supt. Allan Nubleza -- all based in Camp Capinpin at the time the civil suit was filed in April 2011.

Dr. Montes recalled that today is also the third anniversary of the Ampatuan massacre and their second year of seeking justice for their plight. He furthered that the Aquino administration has “indeed fallen short on its promise of daang matuwid” because the wheels of justice grind ever so slowly and human rights violators like the Ampatuans and GMA are still not convicted.

Reference:

Dr. Alex S. Montes
0927-9259413 | 929-8109

Justice for the Morong 43! Justice for All Victims of Human Rights Violations! Alliance launched

noreply@blogger.com (Elav) — Thu, 27 Sep 2012 01:00:00 +0000

The Justice for the Morong 43! Justice for all victims of human rights violations! Alliance was launched yesterday, September 26, at the Lung Center of the Philippines. The formation is both a campaign call and name of the alliance. The Alliance is composed of different organizations from the health sector, human rights advocates, communities, academe and individuals who commits to play vital roles in ensuring that the campaign for justice shall continue to be taken upon. It hopes to be a contributing force in making the wheels of justice turn in favor not only for the Morong 43 but to all victims of human rights violations.

The event was graced by more than a hundred people from different sectors.

The release of the Morong 43 on December 17, 2010 after ten months of illegal detention is a victory celebrated by both national and international communities. The Morong 43's release was a fruit of the people's struggle. They were freed not only by the intense legal battles but by a combination of numerous mass campaigns, in all conceivable forms, waged here and abroad by different organizations as well as individual advocates.

Seeking justice for the ordeal they have gone through, some members of the Morong 43 filed civil and criminal cases against the personalities involved and responsible for their illegal arrest, detention, and torture. However, their captors, torturers, and the masterminds of the crimes against their human rights are still in power and with authority. Some are even up for promotion and received medals during Gloria Macapagal-Arroyo's presidency. Mrs. Arroyo is now Pampanga's representative in the Congress. They are still in active service in the government and continue to perpetrate further human rights violations against activists and other humanitarian workers.

To this day, cases that have been filed with the Supreme Court, Commission on Human Rights, and the Quezon City Regional Trial Court still await resolution after more than a year.

Moreover, harassments, intimidations and threats against Community Health Workers as well as health and other humanitarian workers continue in the country. The military and their agents never ceased to sow terror among the people and tag activists and health workers as communists or terrorists.

Hence, the Morong 43's struggle must continue not only for their own quest for justice but for all the victims of human rights violations as well.

What does the Justice for the Morong 43! Justice for all victims of human rights violations! Alliance intend to do?

To serve as a rallying organization of all health professionals, health workers, and communities in asserting their right to health;
To ensure a continuing campaign for justice through various activities, mobilizations especially on highlighted dates;
To generate the widest possible support for the campaign and the alliance from organizations and individuals here and abroad;
To generate continuing public awareness on human rights and justice through media events, press releases, and information education materials.

The formation of the Justice for the Morong 43! Justice for All Victims of Human Rights Violations! Alliance will serve as a reminder that the Morong 43’s continuing struggle for justice is a collective call and effort of the people to end impunity and punish all human rights violators.##

Morong 43 dismayed over Commission on Appointment’s decision to promote Gen. Segovia

noreply@blogger.com (Elav) — Thu, 20 Sep 2012 05:53:00 +0000

Members of the Morong 43 were dismayed over the Court of Appeals’ (CoA) ruling to promote Lt. Gen. Jorge Segovia to the grade of Major General today despite strong opposition from the Morong 43 health workers, health NGO Council for Health and Development (CHD) and human rights group Karapatan.

“Although we did not have high expectations, we were still hoping that the Court of Appeals will give weight to our opposition because of the grave human rights violations we experienced in the hands of the military unit that Gen. Segovia led. But we were dismayed after finding out that the ‘deliberation’ the CoA called us in for was in fact a mere presentation of our opposition which obviously did not warrant any level of consideration from the CoA members who attended the meeting,” Dr. Alex Montes, one of the Morong 43 said.

Dr. Montes cited pending cases filed before the Commission on Human Rights (CHR), the Quezon City Regional Trial Court, the complaint for torture, Violation of Republic Act 7438 (Rights of Persons Arrested, etc.), and more recently, a criminal complaint filed by several members of the Morong 43 before the Department of Justice on Violation of the Anti-Torture Law, Violation of Republic Act 7610 and Robbery and had Gen. Segovia and Col. Aurelio Baladad as among the respondents as solid reasons why General Segovia should not be promoted.

“The acts of torture were committed with the knowledge, acquiescence, tolerance, sanction, approval, and/or even upon the orders of Gen. Segovia, as then commanding general of the 2nd Infantry Division of the Philippine Army. Gen. Segovia had publicly defended and justified his and his officers’ treatment of the Morong 43,” the doctors’ complaint read.

Upon the arrest of the Morong 43 on February 6, 2010, the arresting officers from the 202nd Infantry Brigade headed by Col. Aurelio Baladad which is under the 2nd Infantry Division of the Philippine Army headed by Gen. Segovia, together with members of the Rizal Police Provincial Office, deliberately failed to apprise the Morong 43 of their right to remain silent and their right to consult a lawyer of their own choice.

Before they were boarded into different vehicles, the arresting officers under the command and supervision of Col. Baladad, blindfolded the members of the Morong 43 and had their hands tied at their back. The blindfolds and handcuffs were kept for 36 hours straight. During this time and up to May 1, 2010 when they were transferred to Bureau of Jail Management and Penology (BJMP) in Taguig, the Morong 43 were subjected to different forms of torture.

During the first few days of detention at Camp Capinpin, the Morong 43 were deprived of their right to be visited by their immediate relatives, to consult with their lawyers, and they were not given the opportunity to communicate with them.

Under RA 9745 or the “Anti-Torture Law,” Gen. Segovia is liable as the immediate commanding officer of the above-stated military unit. By his own act, omission or negligence, it led, assisted, abetted or allowed, directly or indirectly, in the commission of the acts of torture.

The Commission on Appointment asserted that its job is to determine whether an officer is “fit and qualified” for the appointment, hence, its members moved for the acceptance of the appointment of Gen. Segovia. Dr. Eleanor Jara, executive director of CHD argued that an officer should not be deemed “fit and qualified” for an appointment if his records show that he was a consenting body to the torture and human rights violation of 43 health workers. Pending cases against Segovia clearly show that he is a man of questionable integrity and does not deserve a promotion, Dr. Jara furthered.

“However disappointing the CoA’s decision on the promotion of a torturer and human rights violator such as Gen. Segovia turned out to be, our groups and supporters will never give up in pursuing justice for the Morong 43 and all victims of human rights violations. We will make sure that all those who committed the crimes against us will be punished under the law – including Gen. Segovia,” Dr. Montes said.##

References:
Dr. Alex S. Montes and Dr. Eleanor A. Jara
0927-9259413 | 929-8109

Morong 43 to Commission on Appointments: No Promotion and appointment for torturers and human rights violators!

noreply@blogger.com (Elav) — Thu, 20 Sep 2012 03:20:00 +0000

A Morong 43 doctor and the group that sponsored the First Responders’ Health Skills Training in Morong in 2010 will appear before the Commission on Appointments today to oppose the promotion of Lt. Gen. (now Maj. Gen.) Jorge Segovia because of pending cases filed by members of the Morong 43 for violation of their Constitutional rights as well as violations of several special penal laws.

In their complaints, Dr. Alex Montes one of the volunteer doctors in the 2010 Morong training and Dr. Eleanor Jara, executive director of Council for Health and Development (CHD) cited pending cases filed before the Commission on Human Rights (CHR), the Quezon City Regional Trial Court, the complaint for torture, Violation of Republic Act 7438 (Rights of Persons Arrested, etc.), and more recently, a criminal complaint filed by several members of the Morong 43 before the Department of Justice on Violation of the Anti-Torture Law, Violation of Republic Act 7610 and Robbery and had Lt. Gen. Segovia and Col. Aurelio Baladad as among the respondents.

“The acts of torture were committed with the knowledge, acquiescence, tolerance, sanction, approval, and/or even upon the orders of Gen. Segovia, as then commanding general of the 2nd Infantry Division of the Philippine Army. Gen. Segovia had publicly defended and justified his and his officers’ treatment of the Morong 43,” the complaint further read. Upon the arrest of the Morong 43 on February 6, 2010, the arresting officers from the 202nd Infantry Brigade headed by Col. Aurelio Baladad which is under the 2nd Infantry Division of the Philippine Army headed by Gen. Segovia, together with members of the Rizal Police Provincial Office, deliberately failed to apprise the Morong 43 of their right to remain silent and their right to consult a lawyer of their own choice.

Before they were boarded into different vehicles, the arresting officers under the command and supervision of Col. Baladad, blindfolded the members of the Morong 43 and had their hands tied at their back. The blindfolds and handcuffs were kept for 36 hours straight. During this time and up to May 1, 2010 when they were transferred to Bureau of Jail Management and Penology (BJMP) in Taguig, the Morong 43 were subjected to different forms of torture.

During the first few days of detention at Camp Capinpin, the Morong 43 were deprived of their right to be visited by their immediate relatives, to consult with their lawyers, and they were not given the opportunity to communicate with them.

Under RA 9745 or the “Anti-Torture Law,” Gen. Segovia is liable as the immediate commanding officer of the above-stated military unit. By his own act, omission or negligence, it led, assisted, abetted or allowed, directly or indirectly, in the commission of the acts of torture.

“On the basis of our sworn affidavits and existing laws that uphold human rights, we urge the Commission on Appointments not to confirm/reject the promotion/appointment of Gen. Segovia,” Dr. Montes said.##

Related Links

Confirmation of two officers in Morong 43 case opposed.
Groups to block promotion of military officials

Justice for the Morong 43!

noreply@blogger.com (Elav) — Fri, 06 Jul 2012 19:00:00 +0000

After more than a year of filing a civil suit against former president Gloria Macapagal-Arroyo, the first ever legal case filed against her after she stepped down from being the country’s chief executive, and Armed Forces of the Philippines’ high officials, the first hearing is finally held today in the office of Judge Ma. Luisa Padilla of Quezon City Regional Trial Court Branch 226.

“We are somehow relieved that the case is finally moving in the court. This is a step towards attaining justice,” nurse Gary Liberal said.

Regardless of what Arroyo and her camp does to deny their accountability for the illegal detention and torture of the 43 health workers in 2010 such as filing a motion to dismiss, Liberal and his group believes that the court will continue to exercise prudence in any decision it will make. Early this June, Judge Padilla denied Arroyo’s, former AFP Chief of Staff Victor Ibrado and Gen. Delfin Bangit’s motion to dismiss stating “the court does not find any merit on Arroyo’s argument” and that the court shall wait for the presentation of evidence before deciding if Ibrado and Bangit should or should not be named as defendants in the case.

Out of desperation if not simple fib, Liberal revealed that the Philippine National Police Directorate for Personnel Services went as far as claiming that P/Supts. Marion Balonglong and Allan Nubleza are in their roster while the address indicated in their answers filed in court were addressed to Camp Crame. Liberal said that deception has become an institutional practice in this government.

In the light of continuing attacks against health and development workers, as in the recent murder of Willem Geertman, executive director of Pampanga-based Alay Bayan, Inc., Justice for the 43 Health Workers! Alliance will continue to fight for justice until all state-backed human rights violators are punished under the law. The Alliance also calls for continued public and media vigilance on their case.##

Reference:
Gary Liberal, R.N.
0922)575-1689
Spokesperson

Related Articles

On Denying Involvement in Morong 43 Involvement :“See you in Court!”, Morong 43 members tells GMA

noreply@blogger.com (Elav) — Fri, 04 May 2012 17:33:00 +0000

“See you then in court!” is the quick reaction of Gary Liberal, spokesperson of the Morong 43 about the statement of Gloria Macapagal-Arrroyo, through her spokesperson, Elena Bautista-Horn that she had nothing to do with the Morong 43 case.

“GMA can deny her involvement all she wants of how we 43 health workers were illegally arrested, detained for one year, physically and mentally tortured during our incarceration. But the fact remains that GMA as Commander-in-Chief did not lift a finger to correct and act decisively on the wrongdoings, on the serious human rights violations committed against us by the military and police officers under her command,” furthered Liberal.

Up until GMA’s end of term in June 2010, Liberal shared that the their families and friends, the Morong 43 and other local and international networks have sought dialogues, made representations, written appeals and petitions to GMA to act on their illegal arrest and detention as well as to press for their immediate release. But all these efforts, Liberal said, “fell on deaf ears”.

“As Commander-in-Chief, GMA possessed control over the military. She cannot get away with the inhumane acts that her administration committed and tolerated. She must assume responsibility and made to account for the eleven months we Morong 43 were made to suffer and for all the other gross human rights violations committed under her leadership,” concluded Liberal.

Reference:
Mr. Gary Liberal
Spokesperson, Group of Morong 43 Complainants
Mobile number: 0922-5751689

Morong 43 Files Criminal Raps Versus GMA, Military and PNP Officials

noreply@blogger.com (Elav) — Fri, 04 May 2012 06:47:00 +0000

Saying they have “grown tired of the Aquino administration’s inaction in going after human rights violators”, several members of the Morong 43 today filed before the Department of Justice a criminal complaint against former President Gloria Macapagal-Arroyo and several military and police officials

The criminal complaint – the first criminal complaint involving human rights violations against the former president - for torture, violation of Republic Act 7438 (An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation) and robbery was filed by Dr. Merry Mia Clamor, Dr. Alexis Montes, Gary Liberal- a registered nurse, Maria Teresa Quinawayan – a registered midwife, and community health workers Mercy Castro, Reynaldo Macabenta, Jane Balleta and Samson Castillo.

Among those charged with Arroyo are recently promoted military officials Lt. Gen. (now Major General) Jorge Segovia, Col. (now a brigadier general) Aurelio Baladad and Lt. Col. (now Colonel) Cristobal Zaragosa,

According to Liberal, spokesperson of the complainants, the recent promotion of Gen. Segovia, Col. Baladad and Col. Zaragosa “was the last straw” that prompted them to file the criminal complaint. “President Aquino himself, when he ordered our release in 2010, acknowledged that we were denied due process. More than a year has passed, not only has he done nothing to investigate the military officials involved, he even promoted them”, lamented Liberal. “Sobra na! Tama na!”

The complaint contained the individual accounts of torture of the complainants which include blindfolding for a prolonged period of time, physical and verbal abuse, threats against their person and their families, humiliating treatment and other forms of psychological torture.

Gen. Segovia was named respondent for being the immediate commanding officer of the military unit/s or personnel involved making him liable under the Anti-Torture Law. Respondent Col. Zaragosa, whose promotion was confirmed by the Commission on Appointments last February 23, 2012, together with another respondent Maj. Manuel Tabion, were identified in the complaint as those who directly supervised and participated in the torture of the complainants.

Former president Arroyo, former AFP Chief of Staff Gen. Victor Ibrado and former Army Chief Gen. Delfin Bangit were named respondents under the principle of command responsibility.

Also named respondents are Col. Joey Reyes , PNP officials P/Supt. Marion Balonglong, P/Supt. Allan Nobleza. Also included are the Morong 43’s military custodians at Camp Capinpin namely: Lt. Jovilee Cabading, a military officer who introduced himself as Vicente Lopez, and several military personnel known only as Bulaklak, Caloagan, Cea and Idloy. #

Reference:
Gary Liberal
Spokesperson
0922 - 5751689

Carlos Montemayor, Jr.
Free the 43 Alliance
0923 - 2228285

Lawyers of Morong 43 decry cover-up by military, police

noreply@blogger.com (Elav) — Fri, 30 Mar 2012 09:47:00 +0000

By RONALYN V. OLEA
Bulatlat.com

MANILA – Lawyers of health workers who filed a damage suit against former president Gloria Macapagal-Arroyo and several military and police officials lambasted the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) for withholding information about the respondents.

The P15-million ($365 thousand) damage suit was filed, on April 4, 2011, by six of the 43 health workers, also called Morong 43. The Morong 43 were arrested on charges of illegal possession of firearms and explosives and were subjected to various forms of torture. However, months after summons have been issued by a Quezon City Regional Trial Court, several of the military and police respondents have not yet been notified of the charges.

The National Union of People’s Lawyers (NUPL), counsel for the complainants, asked the Philippine National Police (PNP) and Brig. Gen. Herbert Yambing of the Office of the Provost Marshall General of the Armed Forces of the Philippines (AFP) to locate and provide information on the “missing” respondents but both offices refused to provide any information.

Addressed at their last known assignments, the summons against Gen. Jorge Segovia, Lt. Col. Cristobal Zaragosa, Col. Aurelio Baladad, Lt. Col. Jaime Abawag, Maj. Manuel Tabion and P/Supt. Marion Balonglong were returned unserved because they were no longer assigned there. The summons to the respondents, in what is considered the first civil case for human rights violations against former president Gloria Arroyo and her security forces, were issued last November 28, 2011.

In a letter sent to the NUPL, Yambing declined to give information on the whereabouts of the military personnel purportedly because his office has “no direct knowledge” on the whereabouts of the military officers and that he supposedly has no authority to release such information. On the other hand, the PNP, through Records Management Division Chief Manuel Gaerlan, CEO VI, said in its reply that the names of Balolong and Nubleza, who have been publicly known to be part of the service, strangely do not appear in the roster of the PNP.

“This is tantamount to a cover-up of the military and the police for their peers whose accountability is being sought for their involvement in brazenly violating the rights of the Morong 43 health workers,” said Ephraim Cortez, NUPL assistant secretary for legal services.

“With their cynical unwillingness to cooperate, state security forces have put up another roadblock to justice that effectively frustrates efforts to seek accountability for human rights violations committed against the Morong 43 health workers,” said Cortez. “Either they are deliberately hiding information about those involved or they are giving us a run-around through technicalities in disclosing very simple standard details about their personnel for the purpose of serving summons, or both.”

Aside from Segovia, Zaragosa, Baladad, Abawag, Tabion, Balonglong and former president Arroyo, the other respondents in the case are former Defense Secretary Norberto Gonzales, Gen. Victor Ibrado, and Gen. Delfin Bangit.

Arroyo, Bangit and Ibrado filed separate motions to dismiss the case. The NUPL already filed its reply to the motions. The court has yet to issue a resolution.

“This obstructionist attitude demonstrates the manifest bias of the military and the police in favour of those from their ranks who commit rights violations,” Cortez said.

“It shows once again how hard and sometimes frustrating it is to pursue justice for human rights violations under the present legal and judicial system and how impunity is perpetrated before, during and after a violation,” NUPL secretary general Edre U. Olalia said. “But we shall not let up. They cannot just get away with it just like that.”

One year after their release, Morong 43 still cry for justice

noreply@blogger.com (Elav) — Fri, 09 Dec 2011 14:36:00 +0000

Today, as the world celebrates the International Day of Human Rights, members of the Morong 43 march with hundreds of others in Mendiola, Manila to amplify their call for justice.

“If there is one thing that 10 months of illegal incarceration and torture did to us, it is proving to ourselves and the people that the military under the Arroyo and Aquino governments failed to break our spirits in our quest for justice,” Nurse Gary Liberal said.

Marching alongside hundreds of others, whose economic and political rights are continued to be trampled upon, Liberal commented that the Aquino administration should work double time in building people’s confidence in the country’s justice system and not working “over-time in giving Mrs. Arroyo special treatment” by allowing her to stay in a plush presidential suite at Veterans Memorial Medical Center (VMMC).

Liberal reminded Mr. Aquino that he should pay more attention to the inhumane conditions within regular detention facilities around the country before minding the health and comfort (including the installation of new toilets) of Mrs. Arroyo at VMMC. He added that ordinary prisoners die of curable and preventable diseases due to lack of medical attention, proper nutrition, and congestion. “He [Mr. Aquino] may be denying it, but according special treatment to Mrs. Arroyo speaks a lot about his bias for the rich and powerful.”

The spokesperson maintained that Mrs. Arroyo should be placed in a regular jail just like any regular civilian.

“It is shameful for Mr. Aquino to trumpet his parents’ legacy for being human rights defenders and staunch fighters for democracy while he continues to tolerate and encourage the culture of impunity by not doing anything to put make human rights violators accountable for their crimes. To date, not a single one of our torturers has been tried in court,” he added.

Liberal furthered that the best gift that Mr. Aquino could ever grant their families and those of other human rights victims and political prisoners is to “make Mrs. Arroyo and her cohorts pay for their crimes and grant general, omnibus, unconditional amnesty to more than 300 political prisoners in 65 jails nationwide.” This includes 2 of the Morong 43 who are still in jail.

He enjoined the Filipino people in their call to “end impunity, justice for the Morong 43, jail GMA now!”
--------------

Giving in to constant local and international pressure on his government, Mr. Aquino declared that the charges against the 43 health workers will be dropped followed by orders to release them. On December 17, 2010, 36 of the Morong 43 walked free. Two of their colleagues are still in jail because of trumped-up charges slapped by a Metro Manila court.

Reference:

Gary Liberal, R.N.
Spokesperson, Morong 43
Mobile: (0922)575 1689
Telefax: (+632) 929 8109

'Morong 43' ask judge to speed up case vs CGMA

noreply@blogger.com (Elav) — Fri, 09 Dec 2011 12:04:00 +0000

Human rights lawyer: No House Arrest for CGMA

noreply@blogger.com (Elav) — Fri, 09 Dec 2011 11:52:00 +0000

Quezon City Hall of Justice - pictures

noreply@blogger.com (Elav) — Fri, 02 Dec 2011 16:56:00 +0000

Free the 43 Health Workers Alliance, Health Alliance for Democracy, Morong 43 and their families, human rights group KARAPATAN, End Impunity Alliance, and National Union of People's Lawyers call for an immediate resolution to the case filed by the Morong 43 against Mrs. Gloria Macpagal-Arroyo, et.al. They also called for the immediate release of 2 of the Morong 43 who are still detained.

Counsel for the Morong 43 Atty. Ephraim B. Cortez explains the resolution of the petition to issue summons for all respondents including GMA.

(L-R) Mercy Castro, Dr. Merry Mia-Clamor, and nurse Gary Liberal hold their petition for Urgent Manifestation with Motion to Resolve before filing it in the sala of Judge Ma. Luisa C. Quijano-Padilla of Branch 226 of the Quezon City Regional Trial Court.

Arroyo asked to answer suit filed by six ‘Morong 43’ members

noreply@blogger.com (Elav) — Mon, 28 Nov 2011 17:04:00 +0000

GMA News

A Quezon City court has summoned and asked former President Gloria Macapagal-Arroyo to answer the P15-million damage suit filed against her by six members of the so-called Morong 43.

QC Regional Trial Court Executive Judge Ma. Luisa Quijano-Padilla ordered the issuance of summons to Arroyo and several others after denying the issuance of writ of preliminary attachment sought by the plaintiffs due to lack of merit.

Padilla directed the Arroyo camp to answer the damage suit within 15 days.

Morong 43 refers to the 43 health workers arrested in Morong, Rizal in February last year on allegations that they were members of the communist New People’s Army.

Six of them — Dr. Merry Mia Clamor, Dr. Alexis Montes, Gary Liberal, nurse; Ma. Teresa Quinawayan, midwife; Reynaldo Macabenta and Mercy Castro, community health workers — filed the damage suit against Arroyo, who was president when the 43 were arrested, and other officials.

Aside from Arroyo, summonses were also issued to former Defense Secretary Norberto Gonzales, former Armed Forces of the Philippines chief Gen. Victor Ibrado, former Army commanding general Delfin Bangit, and other military officials.

Edre Olalia and Julian Oliva Jr., legal counsels of the plaintiffs, said the court has already prepared the summons but have yet to deliver them to the defendants as they will still provide the court additional copies of the complaint.

“This afternoon, we will be providing the court the copies of the complaint that will be attached to the summons so that they will be immediately serve to the former president and the other defendants,” they said.

Last April, the plaintiffs filed the complaint for damages with writ of application for preliminary attachment asking the court to order the defendants to pay them the amount of P2.5-million each for actual, moral, exemplary damages and attorney’s fees.

The plaintiffs, together with their lawyers, trooped to Padilla’s sala Monday and filed an urgent manifestation with motion to resolve the issuance of writ of preliminary attachment. However, upon filing the motion, the court furnished them with a copy of Padilla’s order denying their appeal.

The plaintiffs sought for the issuance of the writ of preliminary attachment asking the court to freeze the properties of the former president and the other defendants.

They claimed that sufficient causes of action exist against the defendants, particularly Arroyo, now a congresswoman representing Pampanga’s second district, noting that she has the ability and resources to fly out of the country.

But in her two-page resolution, Padilla said the plaintiffs failed to convince the court that defendants are about to depart from the Philippines with intent to defraud their creditors by their mere invocation that defendants are capable of doing so since they have been in power so long.

“While this court is well-aware that plaintiffs’ burden of showing defendants’ state of mind is difficult under the circumstances, still, a mere suspicion that there is a possibility of flight by the defendants to avoid any liability without more, is not is sufficient for a writ of preliminary attachment to issue. The rules on the application of a writ of attachment must be strictly construed in favor of the defendant,” the court said. - KBK, GMA News

Don’t let GMA flee! Jail GMA! – Morong 43

noreply@blogger.com (Elav) — Thu, 24 Nov 2011 08:49:00 +0000

“We challenge the Aquino administration to do everything in its authority and influence to ensure that Mrs. Gloria Macapagal-Arroyo will not flee the country. She should be made accountable for all the crimes she committed against the people!”

Gary Liberal, R.N., spokesperson of the Morong 43 and one of the plaintiffs named in the civil suit filed on April 4, 2011 against GMA, et. al. at the Quezon City Regional Trial Court, reminded the Aquino administration that it should not forget the victims of human rights violations such as the Morong 43 case committed under GMA’s term.

Liberal, speaking in behalf of the 36 freed health workers and said that they are enraged of Mr. Aquino’s inability to act upon the cases filed against his predecessor such as to immediately free 2 of the Morong 43 who were transferred and still illegally detained in Mindoro. “Obviously, the President took a sweet time before hastily filing an electoral fraud case against GMA. Such obvious haste was unnecessary had Mr. Aquino acted swiftly on scores of other cases such as our illegal arrest and detention, the killing of Mr. Leonard Co, enforced disappearances, extrajudicial killings, and the Ampatuan massacre among others.”

Seven months since they filed a civil suit suing for damages totaling P15 million for physical and psychological torture and other forms of indignities they suffered during their illegal arrest and detention, the case has not moved beyond the first and last hearing on June 2011.

Defendants named in the suit are former President Gloria Macapagal-Arroyo, 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.

Liberal added that while they had to go on a hunger strike, get punished in jail for holding noise barrage, and file numerous requests in court to assert hospital confinement for two of their pregnant colleagues Judilyn Oliveros and Mercy Castro in the Philippine General Hospital, GMA was graciously allowed by the court and authorities to be on “hospital arrest” without dropping a sweat.

While GMA is asserting her constitutional rights to life and travel, Liberal questioned her camp if “their boss ever thought of ‘constitutional rights’ when she had 43 health workers arbitrarily arrested, detained, and tortured under the hands of her military and police?”

“We have not forgotten. GMA and her cohorts should be made accountable for even the minutest crimes she committed against us and thousands of others like us. She should not be given special treatment by this government.”

Her aces may be well laid in the Supreme Court but we have the people’s movement behind us – the very force that make the wheels of history turn, Liberal added.#

Gary Liberal, R.N.
Spokesperson, Morong 43
Mobile: (0922)5751689
Telefax: (+632 929.8109)

Health group threatened anew

noreply@blogger.com (Elav) — Sun, 31 Jul 2011 12:09:00 +0000

www.nordis.net

BAGUIO CITY — A day before the PNoy’s State of the Nation Address (SONA), a staff of the Community Health Education, Service and Training in the Cordillera Region (CHESTCORE) received a threat on her mobile number again.

At about noon on July 24, Sunday, Milagros Ao-wat received threats from cell number 09093118024 indicating close surveillance on her whereabouts and activities.

“Ingat kau, labas kau ng labas kasla kayo met gamin sigsiguro. Apay dayta trabaho yo mano ti bayad no matay kayo. Parangal laeng met.. ay ay ay. Narigat ti mabrainwash ta haan nga makita ti usto,” (Take care, you are always going out, you are very daring. Why? How much will you get from your work when you die? Only a tribute … ay ay ay. It is hard to be brainwashed because you cannot see what is right) one text message read.

This was followed by another saying, “Sinowak? Haan masapul ti nagan ko. Ammoyo met nu cno dagiti agininteresado kadakayo. Kuna yo nga iharharas mi dakayo,” (Who am I? You don’t need to know my name. You know very well who are after you. You said that we are harassing you).

“Threats continue. Nothing has changed despite Pnoy’s promise of a ‘matuwid na daan’! ,” Romella Liquigan-Rasalan, the Executive Director of CHESTCORE said. The group she said strongly condemns the continuing assault on their staff and their institution inspite of their continuing resolve to render health services.

In earlier reports, Ao-wat, a CHESTCORE staff member revealed to have received several death threats last December, 2010 and January, 2011 on her phone.

“The threats have not stopped. This is appalling because what we do is provide much-needed health services and yet, this is what we get,” Ao-wat said.

“We have already reported this to the Commission on Human Rights. They have yet to bring out their report on the past cases and now, there are new threats,” Rasalan added.

March this year, CHESTCORE launched a campaign to stop the harassment of Cordillera health workers as it exposed continuing threats that happened on staff and volunteers when in Baguio and during field work since 2007.

The campaign aimed not only to expose the threats but to help assert people’s right to health. CHESTCORE, a non-government health institution founded in 1981, has been serving far-flung Northern Luzon communities which are not reached by government health services or where these are insufficient. Unfortunately, instead of being commended for their work, CHESTCORE has been accused of being New People’s Army (NPA) supporters or their staff accused as being NPAs themselves.

“This is not really surprising even if people pinned much hope for change under this administration,” Jude Baggo, the secretary-general of the Cordillera Human Rights Alliance (CHRA) said. PNoy he added has launched his Oplan Bayanihan last December 2010, an anti-insurgency program that includes among its features the vilification or the tagging of progressive organizations as underground organizations.

“This has replaced then president Arroyo’s Oplan Bantay Laya that accounted for the more than 1000 extra-judicial killings among militant groups” he added.

“But this has to stop!,” he stressed. Thus, he said they highlighted CHESTCORE’s case in their Assembly last July 28 & 29 in Ifugao especially in the launching of their anti-vilification campaign.

CHESTCORE and CHRA vowed to put in greater efforts in this campaign to gain broader support in these cases and to stop continuing human rights violations in the region. #