Former political prisoner Andrea Rosal and Eduardo Serrano, who was detained for 11 years on charges filed against him as alleged NPA commander 'Rogelio Villanueva.' (Photo from Karapatan)
Political prisoner Eduardo Serrano is not the same as "Rogelio Villanueva", a suspected leader of the communist New People's Army (NPA) whom the Armed Forces of the Philippines (AFP) arrested and jailed for almost 11 years on apparently trumped-up charges.
On Thursday, Quezon City Regional Trial Court (RTC) Branch 98 Presiding Judge Marilou Runes-Tamang ordered the "immediate release" from detention of Mr. Serrano, Secretary-General Cristina Palabay of the human rights advocate group Karapatan reported.
"Serrano is to walk to freedom once the Custodial Center of the Philippine National Police in Camp Crame, Quezon City, gives the green light," Palabay added.
Serrano said he felt elated by the court decision, which supporters described as "a big blow" to the Armed Forces of the Philippines (AFP).
Mockery of rights
The order of Judge Tamang described as "pathetic" the "outright mockery of the basic human rights on due process of law which is enshrined in our Constitution." as committed by the authorities who arrested him in 2004 insisting that he was the alleged New People's Army commander Rogelio Villanueva.
The decision came a little more than a week after two Army soldiers who appeared before the court failed to identify their person of interest "Villanueva", with the judge ordering one of them off the witness stand for making false claims about statements he had made in his affidavit. (http://www.interaksyon.com/article/118905/group-urges-release-of-rebel-jailed-for-11-years-after-army-fails-to-identify-accused)
Last week's hearing was intended to settle once and for all the identity of Serrano, who was charged as Mindoro rebel leader "Villanueva" with multiple murder, frustrated murder, robbery, multiple frustrated murder, and kidnapping over a rebel ambush in March 2003.
CA: Establish identity first
Despite his insistence all throughout that he was not the person whom the military claimed him to be, it was only this year that the Court of Appeals ruled that Serrano's real identity should be established first before the criminal case could be heard.
"As it stands now, we find Serrano not 'judicially charged' under any resolution, information or amended information ... He was not also validly arrested as there was no arrant of Arrest or Alias Warrant against Eduardo Serrano. Clearly, Serrano was not restrained of his liberty under process issued by a court," Karapatan quoted Runes-Tamang, who read her decision herself, as saying.
"The unjustified insertion of the name Eduardo Serrano in the commitment order issued by the (Mindoro) court as an alias of Rogelio Villanueva aka 'Ka Makling' only after the latter was arrested, sans a warrant and without the benefit of any preliminary investigation is too pathetic. It is an outright mockery of the basic human rights on due process of law which is enshrined in our Constitution," the judge said.
Other charges, still
However, Karapatan acknowledged that it may take some more time before Serrano is finally freed because he, or rather "Villanueva," still faces multiple murder and multiple frustrated murder charges before QC RTC Branch 100, a multiple frustrated murder case before Branch 215 and a kidnapping case before Branch 97.
"We will manifest this order of Judge Runes-Tamang to the other courts where Serrano faces other charges, for their presiding judges [to] take into consideration in their decision," Serrano's lawyer, Amylyn Sato of the Public Interest Law Center, said.
Karapatan's Palabay hoped that Runes-Tamang's decision "serves as a precedent (for the) other cases of Serrano, even (for) other political prisoners who were charged (with) crimes based on different names."
She cited the 41 different cases filed against Tirso "Ka Bart" Alcantara, many of which, she said, did not include his name in witnesses' statements or even indicate his direct participation in the acts he is accused of; and Miradel Torres, who was four months pregnant when arrested in July last year and who has since given birth, whose name is also not in the case filed against her.
Serrano's case is also reminiscent of that of Rolly Panesa, a security guard from Negros Occidental arrested in Quezon City, severely tortured and then presented by the military as the alleged Southern Luzon rebel leader "Benjamin Mendoza," in a case that was extensively followed by InterAksyon.com.
Precedent
"We hope that this positive decision serves as precedent to other cases of Serrano, even to other political prisoners who were charged of crimes not based on their true names," Palabay said.
"To be deprived 11 years of your life for a crime allegedly committed by another person is unforgivable. Eduardo Serrano should immediately be released. We also urge other courts to recognize that Serrano is not Villanueva and order for his release. His incarceration is too long, yanking him away from his family, friends, colleagues and the rest of the society," Palabay said....
http://www.interaksyon.com/article/119292/qc-court-orders-release-from-jail-of-wrongfully-charged-rebel-leader
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