The newly released Andrea Rosal with political prisoner Eduardo Serrano, who has been in jail 12 years but has yet to be arraigned on the charges against him. (photo courtesy of Karapatan)
A human rights organization is demanding the release of Eduardo Serrano, a consultant of the National Democratic Front of the Philippines who has been languishing in jail for 12 years without being arraigned on what his lawyers describe as the “trumped-up” charges filed against him.
Recently released political prisoner Andrea Rosal, daughter of the late Communist Party of the Philippine spokesman, echoed the call of Karapatan and said the charges against Serrano should be dropped for “sheer lack of evidence against a man who was abducted, tortured, and imprisoned for nearly 12 years.”
Rosal was released from jail on September after the regional trial court in Mauban, Quezon dismissed murder charges against her for lack of evidence.
Serrano faces multiple murder and frustrated murder charges before the Quezon City Regional Trial Court Branch 98.
“Eduardo Serrano has been deprived of his civil and political rights since his Gestapo-style abduction and torture and his subsequent incarceration for nearly 12 years. For 10 days after his illegal arrest, from May 2, 2004 to May 12, 2004, he was denied the right to counsel and was not allowed to see his family and human rights organizations,” said Karapatan secretary general Cristina Palabay.
On July 13, the Special Third Division of the Court of Appeals decided on his petition for certiorari and prohibition with prayer and issuance of temporary restraining order and/or writ of preliminary injunction.
Acting on the CA ruling, RTC Judge Marilou Runes-Tamang ordered the prosecution on August 26 to present evidence that Serrano is “Rogelio Villanueva” or “Ka Makling” and subsequently suspended his arraignment until the issue of his identity is resolved.
Runes-Tamang was supposed to hear the prosecution’s evidence on Wednesday.
But when the prosecution failed to show up, she declared it had effectively waived its right to present evidence.
Karapatan also noted that no warrant of arrest was ever issued against Serrano nor was he among the accused in the original information for multiple murder, frustrated murder, and robbery filed by soldiers under the command of now retired Army general Jovito Palparan.
The only arrest warrant issued for the case was for “Nemesio Cabungcal, et al” with the other respondents identified only through aliases.
“Thus, Serrano’s abduction on May 2, 2004 is a case of warrantless arrest,” Palabay said.
It was only on July 22, 2011, or more than seven years after Serrano was illegally arrested, that the amended information with his name inserted was filed by the prosecution, who claimed he was “Rogelio Villanueva” when “there is no evidence at all that Serrano is ‘Rogelio Villanueva.’ None of the witnesses’ affidavits mentioned Serrano’s name and that Serrano was among those who participated in the ambush,” Palabay said.
Aside from this, Karapatan said the AFP also filed several other charges against “Rogelio Villanueva” in three other courts in Quezon City.
“The practice of the Armed Forces of the Philippines of concocting charges against their perceived ‘enemies’ shows the military’s convoluted ways and thinking. They file false charges to justify the abduction and illegal arrest of persons like Serrano, security guard Rolly Panesa, Andrea Rosal and the other 536 political prisoners,” Palabay said.
Panesa was abducted on October 5, 2012, tortured at Camp Vicente Lim in Laguna, presented to media as alleged communist rebel leader “Benjamin Mendoza,” and then transferred to Camp Bagong Diwa where he was imprisoned for 10 months.
“We appeal to Judge Runes-Tamang to rule on what is just and right for the long-imprisoned Eduardo Serrano. All charges against him in the said court, as well as in other courts, should be dismissed and he should be immediately released,” Palabay said.
http://www.interaksyon.com/article/117343/ndf-consultant-jailed-12-years-without-being-arraigned-should-be-freed-says-karapatan
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