NTF-ELCAC remains hopeful of Dok’s conviction

From the Philippine News Agency (Apr 1, 2022): NTF-ELCAC remains hopeful of Dok’s conviction (By Wilnard Bacelonia)

Dr. Maria Natividad Castro (File photo)

The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) remains hopeful that the Regional Trial Court (RTC) Branch 7 in Bayugan City, Agusan del Sur would reconsider its decision dismissing the kidnapping and serious illegal charges filed against Dr. Maria Natividad Castro, alias “Dok”.

In a statement on Thursday, NTF-ELCAC Legal Cooperation Cluster (NTF-ELCAC-LCC) said it is “greatly dismayed” by the dismissal of the charges against Castro, known as the No. 7 regional level communist terrorist group (CTG) priority target and head of the National Health Bureau of the Communist Party of the Philippines-New People’s Army (NPA) based in Barangay Libertad, Butuan City.

"It is axiomatic that the positive identification is the bedrock of many pronouncements of guilt, and that it prevails over unsubstantiated denials," the statement read.

Castro is being accused of kidnapping and detaining a Civilian Active Auxiliary (CAA) in Barangay Kolambugan, Sibagat town on Dec. 29, 2018.

“Thus, the dismissal comes as a shock considering that when Castro was arrested in Barangay San Perfecto, San Juan City by virtue of the warrant of arrest issued on Jan. 30, 2020, by Judge Fernando Fudalan of RTC, Bayugan City, no less than the victim himself positively identified Castro as the one who kidnapped, detained, and threatened him on Dec. 29, 2018, in Barangay Kolambungan, Sibagat, Agusan del Sur,” the task force’s LCC said.

The LCC said the court can still “drop the hammer” against Castro for the atrocities she committed and “would be committed now that she is yet again prowling like a roaring lion, seeking someone to devour.”

“Amid the apparent legal blunders that the court committed, we are still hopeful, in faith, in full trust and respect that the RTC reconsiders its decision and allow the case to see the light of a full-blown trial because the People of the Philippines is more than ready to present its overwhelming evidence that would surely lead to Castro’s conviction beyond a reasonable doubt,” the NTF-ELCAC’s legal cluster said.

It added: “It is not too late for the Honorable Court to shield the People from the snares of the CPP-NPA-NDF and its cohorts.”

Identified by NTF-ELCAC as a ranking member, recruiter, trainer, and fundraiser of the CPP-NPA-National Democratic Front (CPP-NPA-NDF), Castro, 53, was nabbed by military and police authorities in Barangay San Perfecto, San Juan City last month by virtue of a warrant of arrest issued on Jan. 30, 2020 by Judge Fudalan.

The suspect was held with no bail and brought to Butuan City where cases of kidnapping and illegal detention were filed.

The task force’s LCC also called the RTC's order of dismissal "preposterous" claiming that the court did not acquire jurisdiction over "Dok".

"It is elementary that jurisdiction over the person of the accused may be acquired either through the compulsory process, such as to warrant of arrest or voluntary appearance. Upon the arrest of Castro, by virtue of the RTC’s warrant of arrest, she was effectively placed under the custody of the law and the court’s jurisdiction," it added.

https://www.pna.gov.ph/articles/1171160