Resurrecting Martial Law Doctrine, An Ominous Sign

CTUHR Statement on CA's Dismissal of the Habeas Corpus Petition of  the Morong 43

The March 10 decision of the Court of Appeals (CA) dismissing the petition for habeas corpus of the arrested 43 health workers is disturbing and dangerous.  In many ways, it condones if not categorically approving the Armed Forces of the Philippines’ (AFP’s) contempt for civil liberties, human rights, and infringement of democratic and lawful processes. Far from castigating AFP’s blatant abuse of power and defiance of the judicial procedures, and use of torture, the CA decision only justified the AFP’s continuous detention of the 43 health workers.   It bodes ill in addressing the culture of impunity in the country

Citing the martial law relic Ilagan vs. Enrile case, the special division of the appellate court that heard the case of the Morong 43 stated that the detention of the latter can no longer be questioned because criminal charges have already been filed against them in court. This ruling stands regardless of the irregularities in the arrest and inquest of the health workers.

It can be recalled that the 43 health workers were forcibly taken using defective warrants, were denied access to their lawyers, tortured and held incommunicado for few days.   The Morong 43 were charged before the Morong RTC with illegal possession of grenades and explosives and violation of the Commission on Elections’ gun ban.

The AFP insists the arrested health workers are members of the New People’s Armyand were caught in a bomb making seminar. But even if such allegation were true, though hardly as evidence presented as shown on television were hospital paraphernalia, the arbitrary detention and torture inflicted on the arrested group begs no justification. Dr. Montes, 60, claimed to have been continuously interrogated and electrocuted and female detainees, sexually harassed. These could not in any way be justified.

Such military’s charges are nothing new. Since 2006, the military has been filing trumped-up charges against human rights defenders whom they accused as NPAs like Atty. Remigio Saladero Jr. a labor lawyer who gives pro bono services to workers and urban poor, was also detained for several months in Mindoro in 2009 for alleged participation in an NPA ambush of police officers. The case is still pending.

In junking the Morong 43 petition for habeas corpus, the CA did not seriously disregard these violations and upheld the AFPs supremacy over the rule of law, but paved the way for an ominous resurrection of a martial law doctrine that saw many activists behind bars.

Crystal clear impunity

The CA decision only serve to `legalize’ the unabashed glorification by the AFP of the captors of Morong 43. The leaders of the Morong raid namely, Col. Aurelio Balabad and Col. Jaime Abawag of Philippine Army were both awarded the Bronze Cross Medals last February 24 amidst public criticisms not only on the circumstances of the arrest, but by the allegations of torture and open defiance of the court order to present the 43 health workers.

The Bronze Cross Medal is the fourth-highest military award which is conferred to soldiers for their heroism that does not involve “actual conflict” with an enemy.

On March 9, Lt. Gen. Delfin Bangit of Philippine Army was appointed by Mrs. Gloria Macapagal-Arroyo as the new AFP chief of staff. Gen Bangit came from the Philippine Military Academy Class 78 who adopted Mrs Arroyo as honorary member. The Philippine Army figured prominently in the thousands of human rights violations in the country. His appointment raised suspicions that his new job will be used in the May 10 elections to serve Mrs. Arroyo’s desire for power perpetuation. As at this writing, elements of the Philippine Army had already started their vigorous electioneering in Metro Manila to dissuade primarily residents of urban poor communities from voting Anakpawis Partylist and other progressive candidates and partylists.

Similarly, his appointment also sent shivers to government critics. In his acceptance speech, he underscored his priority, i.e the wiping out of insurgency by June deadline. The statement may not sound dangerous, except for the fact that the anti-insurgency campaign (Oplan Bantay Laya 1 & 2) that Arroyo government waged since 2001 has been responsible to more than a thousand extra judicial killings, hundreds forcibly disappeared, persistent military harassments, threats, surveillances among others.

Free the 43

Morong 43 are health workers who offered their lives to bringing basic health care to far flung areas where government fails to deliver. Their continuous detention is depriving the people they serve their basic right to health care. Thus, they should be released immediately.#