Sandigan acquits cops, soldiers behind 'Morong 43' detention

From GMA News Online (Jul 19, 2019): Sandigan acquits cops, soldiers behind 'Morong 43' detention

The Sandiganbayan has dismissed due to insufficient evidence the charges against seven police and military officers behind the February 2010 arrest of 43 health workers in Morong, Rizal, whom they suspected of being New People's Army (NPA) members.

In a 39-page ruling, the Sandiganbayan's Seventh Division granted the seven military and police officers' demurrer to evidence due to the prosecution's failure to prove that the arrested health workers, collectively dubbed as Morong 43, have their counsel of choice at the time of arrest and detention.

The prosecution also allegedly failed to prove that accused policemen obstructed, prevented or prohibited the private complainants from conferring with their counsel of choice.

The Morong 43 were charged with illegal possession of firearms and explosives.

The anti-graft court cited the testimonies of Morong 43 members Mercy Castro, Merry Mia Clamor, Dr. Alexis Montes, Ma. Teresa Quinawayan, Jane Balleta and Reynaldo Macabenta who categorically told the anti-graft court that they were not apprised of their right to confer with their counsel and/or they were not provided with one.

“It bears to reiterate that the issue in this case is whether or not accused obstructed, prevented, or prohibited private complainants from conferring with their counsel of choice. The veracity of the claimed obstruction by accused was put to doubt in the very testimonies of the private complainants themselves,” Sandiganbayan said.

Likewise, the anti-graft court pointed out that none of the private complainants testified that they have a counsel of choice when they were arrested and detained, or that they requested from accused to allow them to confer with their counsel and that they were thereafter prevented from conferring with him.

Given the situation, the anti-graft court said government prosecutors also failed to establish that military officials Jorge Segovia, Aurelio Baladad, Joselito Reyes, Cristobal Zaragoza of the Philippine Army conspired with police officials Marion Balonglong, Allan Nobleza and Jovily Carmel Cabading to deny Morong 43 of their right to a counsel of their choice.

“Although private complainant Castro claimed that she recognized accused’s voices, she was unable to pinpoint any accused to whom the alleged request was made. As for private complainant Clamor, she admitted that she did not see or hear accused Segovia, Baladad, Reyes, Balonglong and Nobleza prohibit or prevent her from conferring with her counsel of choice,” the anti-graft court said.

And while Clamor claimed she identified the voices of accused Zaragoza and Cabading, the Sandiganbayan noted that Clamor admitted that she couldn’t tell the arresting officer to whom she allegedly made the request to have a counsel.

Macabenta, for his part, also did not categorically state that he was prevented by any of accused from conferring with his counsel while Montes testified that he failed to identify the rest of accused and that he only remembers accused Vicente Lopez—a suspect who remains at large.

Quinawayan testified that she recognized a certain Tabion and Zaragoza because she remembered their voices but also said that she requested for a lawyer from her interrogators and not from any of the accused police officers in the case.

Moreover, Balleta said that she does not know accused Segovia, Baladad, Reyes, Balonglong, Nobleza, Zaragoza and Cabading personally and that she did not see any of accused when she requested for a lawyer.

“The testimonies of the complaining witnesses failed to show accused’s participation in an alleged conspiracy. Conspiracy must, like the crime itself, be proven beyond reasonable doubt. Suppositions based on mere presumptions and not on solid facts do not constitute proof beyond reasonable doubt,” the court said.

Lastly, the court said that the security officials cannot be held liable for command responsibility because of the absence of the following elements:

• the existence of a superior-subordinate relationship between the accused as superior and the perpetrator of the crime as his subordinate;
• the superior knew or had reason to know that the crime was about to be or had been committed; and
• the superior failed to take the necessary and reasonable measures to prevent the criminal acts or punish the perpetrators.

“It should be noted that the allegations in the informations pertains to accused’s failure to allow private complainants from conferring with their counsel of choice which, in the first place, was unsubstantiated. The prosecution having failed to establish that accused committed the acts in the manner described in the information, conspiracy theory and even command responsibility would have no leg to stand on,” the Sandiganbayan said.

“The Court finds the evidence adduced by the prosecution insufficient to sustain the indictment or to support a verdict of guilt thus, warranting the dismissal of the herein cases. Wherefore, in view of the foregoing, the Demurrer to Evidence filed by accused Jorge Segovia y Valbuena, Aurelio Baladad y Bartolome, Joselito Reyes y Marinas (a.k.a. Joey Reyes), Cristobal Zaragoza y Noillado, Marion Balonglong y Daskeo, Allan Nobleza y Cruz and Jovily Carmel Cabading y Dela Fuente is granted and the cases as against said accused are accordingly ordered dismissed for insufficiency of evidence,” the anti-graft court added.

The bond posted by the accused for their provisional liberty during the pendency of these cases were ordered canceled and returned to the accused by the Sandiganbayan, subject to any liability of bond. ·

The Hold Departure Order issued against the police officers in connection with these cases were also recalled.

https://www.gmanetwork.com/news/news/nation/701600/sandigan-acquits-cops-behind-morong-43-detention/story/