Judge Cesar Mangrobang of Regional Trial Court Imus, Cavite Branch 22 who issued the search warrant against a certain Mario Condes and which was used as the basis for the raid, is also ordered to explain the details behind his issuance of the search warrant. The CHR noted that the warrant does not indicate the particularity of the place and location of premises to be searched.

The respondents are given an inextensible period of ten days from receipt of the order to file their reply to the complaint.

Initial Findings

A team from the CHR has visited the detainees several times. The CHR deemed that the following rights of the 43 health workers were violated: right to be secure from unreasonable seizure and arrest, right against illegal and incommunicado detention and torture (physical and mental/psychological) and their right to counsel and visitors.

CHR doctors who examined the detainees found injuries on the wrists, head/eye areas or arms/forearms, which are consistent with the claims of tight handcuffing and/or blindfolding, as well as rough handling during arrest.

On the matter of alleged physical torture, the CHR said it would further verify or investigate such claims. “We are cognizant of the atmosphere of detention in a military facility, and the attendant interrogations thereat (as commonly and firmly averred by the detainees), which may have a bearing on a detainee’s ability and willingness to disclose fully his or her ordeal,” the CHR said in its order.

The CHR enjoined all AFP and PNP officers tasked with the detention and custody of the Morong 43, from committing prohibited acts of physical and mental torture stated in Republic Act No. 9745 or the Anti-Torture Act of 2009.

The CHR noted that the arrest of the Morong 43 was done without a warrant of arrest and based exclusively on the results of an ‘illegal search.’

The CHR also said the detention of the Morong 43 after their arrest in secret and solitary detention facilities from February 6 to 7, the initial refusal of the respondents to comply with the writ of habeas corpus issued by the Supreme Court, and the continued detention in a military camp instead of a police detention facility violate the rights of the detainees against illegal and incommunicado detention.

The CHR also called on the AFP to ‘strictly and unconditionally follow and implement’ Republic Act No. 7438 or the Rights of Persons, Arrested, Detained or under Custodial Investigation by granting access to counsel, relatives, physicians and medical personnel, priests or religious ministers and non-government organizations visiting the Morong 43.

Relatives, lawyers, doctors and colleagues of the Morong 43 complained of tight security measures and of incidents of denial to access the health workers.

The CHR set the hearing of this case on March 18. Summoned to appear are Segovia, Baladad, Abawag, Balonglong, Mangrobang and Senson. Dr. Melecia Velmonte, owner of the training facility in Morong, Rizal where the health workers were arrested and her son, Jose Manuel Velmonte were also asked to appear at the hearing. (Bulatlat.com)

 Save as PDF