Legal pushback vs abuses ‘on a roll’ as courts, prosecutors junk cases vs activists

From ABS-CBN (Aug 14, 2021): Legal pushback vs abuses ‘on a roll’ as courts, prosecutors junk cases vs activists (Mike Navallo)

Rights groups are celebrating successive wins in different courts and even in the justice department’s own prosecutor’s office in several cases filed against individuals whom authorities have tried to connect to the communist insurgency.

“We are so glad and relieved that this legal pushback is on a roll and that our courts are stepping up the plate to assert judicial independence against excesses, shortcuts, abuses and even incompetence of our law enforcement agencies in the dubious legal assault on activism,” said NUPL President Edre Olalia in a statement.

DOJ PROSECUTORS

Among the raps dismissed are the kidnapping and child abuse complaints filed by the Philippine National Police (PNP) Criminal Investigation and Detection Group (CIDG) and a certain Jovita Antoniano against officers of the progressive group Anakbayan.

Antoniano claimed her daughter Trishia stopped schooling and joined protest actions without her knowledge, eventually supposedly becoming part of Anakbayan and League of Filipino Students.

A rebel returnee supposedly identified Trishia in one of the meetings and claimed that Anakbayan and LFS are front organizations of underground group Kabataang Makabayan.

But the DOJ panel of prosecutors headed by Senior Assistant State Prosecutor Rassendell Rex Gingoyon rejected the kidnapping and child abuse raps because at the time Trishia left her house, she was no longer a minor.

Even assuming she was a minor then, no evidence was presented to show that the Anakbayan officers named in the complaint were entrusted with her custody and that they failed to return her to her parents, the 15-page resolution dated May 28, 2021 said.

Prosecutors also found no probable cause to charge the Anakbayan officers with violations of the Anti-Trafficking law (RA 9208), the Special Protection of Children in Situations of Armed Confict Act (RA 11188) and the Philippine Acts on Crimes Against International Humanitarian Law (RA 9851) because there was no evidence presented that Trishia was a member of Anakbayan.

“Also, complainants failed to introduce evidence that the Anakbayan organization is an armed group that recruits and/or uses children to participate in hostilities or armed confrontation or a recruitment front of the CPP-NPA and its underground organization is the Kabataang Makabayan (KM),” they said.

“Further, we cannot consider joining and participating in rallies and conducting peaceful assemblies as acts of armed struggle,” they added.

DOJ prosecutors, in October last year, junked similar complaints against Kabataan Party-list Rep. Sarah Elago and former Rep. Neri Colmenares involving another student whose parents also claimed was supposedly kidnapped by Anakbayan on the same grounds.

DOJ junks kidnapping, other raps vs Colmenares, Elago, etc. over 'missing' student-activist

GENERAL SANTOS COURT

In General Santos City, a court declared illegal the warrantless arrest of a couple accused of being members of the Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF).

Edgard and Regina Patulombon were arrested in July 2015 allegedly for taking part in the kidnapping of soldiers in June 2013.

A gun and 2 grenades were supposedly recovered from the couple which supposedly justified their arrest even without a court order.

But GenSan RTC Branch 23 Judge Dennis Velasco noted that the authorities failed to inform the couple of their constitutional rights to remain silent and to have a lawyer representing them.

“These are the so-called ‘Miranda rights’ so oftenly disregarded by our men in uniform. Infractions thereof render inadmissible the extrajudicial confession or admission made during custodial investigation,” he said in granting the demurrer to evidence (essentially a motion to dismiss based on insufficiency of evidence) and dismissing the case.

Lawyer Emilio Pana, who represented the couple, welcomed the ruling as a “great day for justice,” noting that both of the accused were elated.

“But the damage to the spouses Patulumbon and their family is incalculable. They languished in jail for more than five years on the basis of trumped-up charges. This is reprehensible because these charges are intentionally committed by state agents,” he said.

LEGAZPI COURT

Meanwhile, a Legazpi court quashed search warrants and junked the illegal possession of firearms, ammunitions and explosives charges against Pastor Dan Balucio, an alleged NPA member.

Cops secured search warrants from another Legazpi City court claiming that Balucio, with other companions, were supposedly peddling firearms.

The search warrants were served in May this year that led to Balucio’s arrest, with the police allegedly recovering a gun with several bullets, a grenade and flag of the CPP-NPA.

But Legazpi City RTC Branch 10 Judge Maria Theresa San Juan-Loquillano questioned how the search warrants were issued in the first place when the applicant police officers did not have personal knowledge about the supposed crime, as required under the Constitution.

Instead, it was only a tipster who supposedly knew about Balucio’s activities but the judge also had reservations about his testimony.

Among her reservations — how the tipster managed to travel to Metro Manila from his house in Daraga, Albay to report the matter to CIDG NCR when there were no public transportation due to pandemic restrictions imposed earlier this year.

The judge reminded authorities what the laws and the Constitution require of every law enforcer applying for a search warrant.

“When the Constitution mentioned the term ‘the witnesses he may produce,’ the framers of the Constitution had in mind that the application for the issuance of a search warrant must not be supported by only one witness, but by at least two witnesses and the latter must also possess personal knowledge about the matters that they are testifying to. This is to ensure that the search warrant will not be issued on the whims and caprices of the applicant or the lackadaisical attitude of the issuing judge,” she said.

The dismissal of cases based on improperly-issued search warrants follows the dismissal of charges against journalist Lady Ann Salem and trade unionist Rodrigo Esparago in February this year, also accused of illegal possession of firearms and explosives.

The Mandaluyong court voided the search warrant for being vague.

Court junks case vs journalist, trade unionist; calls search warrants 'fishing expedition'
Court orders release of journalist, trade unionist arrested on Human Rights Day

PAMPANGA COURT

In yet another dismissal, a court in Angeles, Pampanga junked on July 1 the illegal possession of firearms case against former CPP-NPA leader Rodolfo Salas alias Kumander Bilog due to insufficiency of evidence by granting his demurrer to evidence.

Salas was arrested in February 2020 based on charges of murder over his alleged role in the “purge” of NPA members from 1985 to 1992.

A gun and ammunitions were supposedly recovered during his arrest, which led to a separate charge.

Supreme Court grants bail to ex-NPA chief 'Kumander Bilog'

Angeles RTC Branch 58 Judge Assisting Judge Ramon Corazon Blanco however disregarded the evidence because they were taken as a result of an illegal search, violating Salas’ constitutional rights against unreasonable search and seizure.

Since there was no search warrant for the gun and ammunitions, authorities tried to justify it as having been seen in plain view to justify warrantless search but conflicting testimonies contradict this position.

And while a search is allowed after a lawful arrest, the court said that it appeared from the conflicting testimonies that the search was not limited within the immediate control of Salas to justify the search as an incident to a lawful arrest.

Salas continues to face the murder charges, which he claims to be already covered by his prior conviction for rebellion based on a plea bargain agreement in 1991. He was in jail for 6 years.

The accused/respondents in the General Santos, Legazpi and DOJ cases were represented by NUPL while the Free Legal Assistance Group lawyer for Salas.

https://news.abs-cbn.com/spotlight/08/15/21/activists-celebrate-legal-pushback-vs-abuses