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3 March 2010
The CHR, in the exercise of its investigative powers under Sec. 18 [1], Art. XIII of the 1987 C0nstitution, issued an Order taking cognizance of the Human Rights Violations case lodged against the officers of the government involved, both directly, and by command responsibility, in the raid conducted by military and police elements on the property/farmhouse of Dr. Melecia Velmonte in Morong, Rizal, on 6 February 2010, as well as the arrest and detention of, and subsequent filing of criminal cases against, 43 health workers, dubbed as the “Morong 43”, resulting from the operation. The Order, dated 26 February 2010 , and released yesterday, March 2, directed these officers to respond to the allegations of human rights violations and cooperate with the investigation of the said incidents.
The issuance of the Order comes as a result of the reports of the CHR team, which has been looking into and monitoring this series of events since 7 February 2010 , and the complaint filed by counsels for the 43 detainees on 25 February 2010 . Visits to Camp Capinpin have also been made by the CHR Team (composed of lawyers, special investigators and doctors) and interviews with the detainees were conducted. The detainees’ allegations and the CHR’s initial findings call for a probe of respondents’ acts, which involve violation of the human rights of the detained health workers to be secure from unreasonable seizure and arrest, illegal and incommunicado detention and torture (physical and mental/psychological) and their right to counsel and visitors.
Armed Forces of the Philippines (AFP) Chief of Staff Gen. Victor Ibrado, Philippine National Police (PNP) Director General Jesus Verzosa, Philippine Army (PA) Commanding General Lt. Gen. Delfin Bangit and PA Southern Luzon Command (SOLCOM) Commanding General Lt. Gen. Roland Detabali, PA 2nd Infantry Division Chief Brig. Gen. Jorge Segovia, PA 202nd Infantry Brigade Commander Col. Aurelio Baladad, 16th Infantry Battalion Commander Lt. Col. Jaime Abawag, Commander and P/Supt. Marion Balonglong of the Rizal Provincial Police were impleaded due to their command and direct responsibility for the acts allegedly committed by their subordinates in these incidents.
The CHR ordered the AFP and PNP respondents to file their Answers to the Complaint within an inextendible period of ten days from receipt of the Order. In addition, they must, under pain of contempt, (1) explain the legal basis for the continued detention of the Morong 43 in Camp Capinpin, instead of a PNP facility, the Morong Municipal jail or Rizal Provincial jail, as well as the reason why the personal properties and effects of the detainees, which are neither subject to confiscation nor illegal in nature, be not released to the latter’s counsel or relatives; (2) submit certified true copies of all documents and papers relative to the arrest and detention of the complainants and a detailed list of all properties seized (including the alleged explosives and firearms) from the farmhouse raided and the persons of complainants; and (3) strictly and unconditionally follow and implement Republic Act No. 7438 (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.
Judge Cesar Mangrobang of RTC Imus, Cavite Branch 22, Senior Assistant Chief State Prosecutor Severino Gana and State Prosecutor II Romeo B. Senson were likewise ordered to submit their Answers. Prosecutor Senson was particularly directed to explain and describe how he conducted the inquest proceedings, while Judge Mangrobang must explain the details behind his issuance of the search warrant, which was used as the basis for the raid.
Officials of the National Government included as respondents, namely, President Gloria Macapagal-Arroyo, Secretary of National Defense Norberto Gonzales, Secretary of Interior and Local Government Ronaldo Puno and Secretary of Justice Agnes Devanadera, were also directed file their respective Comments on the Complaint within ten days from receipt of the Order. They were made respondents under the doctrine of command responsibility.
And, as it goes without directing, the CHR further enjoined all AFP and PNP officers tasked with the detention and custody of the complainants,from committing prohibited acts of physical and mental torture stated in Republic Act No. 9745 (Anti-Torture Act of 2009).
Lastly, the CHR set the hearing of this case on 18 March 2010, at 9:00 a.m. at its Conference Room, ordering the presence of Brig. Gen. Segovia, Col. Baladad, Lt. Col. Abawag, P/Supt. Balonglong, Judge Mangrobang, Prosecutor Senson, Dr. Velmonte and her son, Mr. Jose Manuel Velmonte, under pain of contempt, along with the presentation of the complainants/detainees before the Commission at the hearing by their custodians.
Attached: Copy of the CHR Order (PDF)