Tuesday, April 5, 2022

Insurgency: Trumped-Up Charges

The CPP-NPA-NDF are not good guys.  They are terrorists who have waged a war against the Philippine government for 53 years. One does not need to make up things about them to paint them as being awful but that is not stopping the government from doing so.

https://www.pna.gov.ph/articles/1170890

The Philippine Army has raised concern about the recovery of suspected shabu from the hideout of the Communist Party of the Philippines-New People’s Army (CPP-NPA) in the hinterlands of Himamaylan City, Negros Occidental last weekend.

The 3rd Infantry Division (3ID) said based on the information they received, NPA leaders are using illegal drugs to “lure and psychologically control their members”.

As of Tuesday, the 303rd Infantry Brigade is awaiting the result of the examination of the recovered prohibited drugs, which they turned over to the forensic laboratory.

It is alarming the CPP-NPA terrorists are starting to force their members to use illegal drugs. (This) command, through the engaged units, will coordinate with the Philippine National Police and other concerned agencies in filing appropriate charges related to this discovery,” Maj. Gen. Benedict Arevalo, commander of 3ID, said in a statement.

Based on information they received from whom? That the CPP-NPA is forcing their members to take drugs is not believable in the slightest. It's cartoony and over the top. Maybe it is true but it seems doubtful. The AFP and the PNP really cannot be trusted when it comes to making accurate accusations against suspected terrorists. Time and again they have gotten judges to issue wonky warrants to bust in and arrest suspects only to have those warrants tossed out. This week the same has happened once again.

https://newsinfo.inquirer.net/1576007/court-frees-doc-calls-pnp-action-repugnant

A court has junked the kidnapping charges against Dr. Maria Natividad Castro, a human rights and public health advocate, and ruled that the manner of her arrest by the police last month was “repugnant to [her] right to liberty.”

The doctor’s elder brother, Delfin “Jun” Castro Jr., said she walked out of detention on Wednesday and had a tearful reunion with her siblings and several fellow public health workers who worried about her safety as she was immediately flown to Mindanao by the police after he arrest, leaving her whereabouts unknown to her family.

The arrest of the 53-year-old doctor drew outrage from her colleagues in the medical profession, her high school and college alma maters, and human rights groups.

In a March 25 resolution, the Bayugan City Regional Trial Court (RTC) Branch 7 said it found no probable cause against Castro and ordered her release from the Agusan del Sur provincial jail, where she was detained for more than 40 days.

“Without probable cause, the court did not acquire jurisdiction over the accused, which warrants the dismissal of this case,” said acting Presiding Judge Fernando Fudalan Jr.

Fudalan cited two grounds for dismissing the case — the denial of Castro’s “substantive right” to due process and lack of jurisdiction over the doctor.

Castro’s lead counsel Wilfred Asis, a member of the Free Legal Assistance Group (Flag), filed a petition to dismiss the kidnapping and serious illegal detention case against her as there was no preliminary investigation conducted before she was arrested in her home in San Juan City on Feb. 18.

There was no subpoena issued to Castro and she was arrested through a warrant that contained the names and aliases of 468 suspects. In addition, she was not properly identified in the warrant, which had only listed a certain “Dra. Maria Natividad.”

“A preliminary investigation without a subpoena being issued to the respondent is offensive to due process,” Fudalan ruled. “Either intentional or a product of omission, the same produces a serious effect repugnant to respondent’s right to liberty.”

The court also stressed that “cutting off the processes” of issuing a subpoena to respondents in the conduct of a preliminary investigation “defeats the purpose of preventing the innocents exposing to the risk of incarceration, inevitable anxiety, aggravation, humiliation, not to speak of expense, and the right to an opportunity to avoid a painful process is a valuable right.”

Fudalan said issuing a subpoena directing a respondent to submit evidence “is the most important aspect of the preliminary investigation that safeguards the right to due process.”

“No amount of reason, like what the prosecution raised that respondent is an NPA (New People’s Army) member and have no permanent address, would ever justify its non-issuance,” the judge said.

Another baseless warrant junked. This time the issues were lack of jurisdiction and lack of sending the accused a subpoena and lack of a preliminary investigation. Among the 468 people listed in the warrant Castro was not even properly identified. 

The PNP stupidly replied to the junked warrant that this is a learning experience. 

https://mb.com.ph/2022/03/31/pnp-junking-of-case-vs-community-doctor-naty-castro-a-learning-experience/

“Our highest respect for judicial authorities is dutifully expressed in our prompt and responsive compliance to every mandate of the Court to implement its orders to make arrests, search and seizures; and to serve other court processes that require police intervention,” it added.

“We do not see this particular case involving a ranking member of the Central Committee of the Communist Party of the Philippines, as a setback in the continuing campaign to account for persons wanted by the law, especially those identified with domestic terrorist groups and its affiliate organizations,” it stated.

Rather we find this learning experience as another opportunity to further strengthen police systems and procedures to address organizational weaknesses and institutional dysfunctions as an integral component of the criminal justice system,” the statement added. 

What a joke. How many times do they have to issue faulty warrants before they learn their lesson. Of course the government gave their full support to the PNP despite them being in the wrong and lambasted by the court for their errors. 

https://www.gmanetwork.com/news/topstories/nation/822533/dilg-defends-pnp-slams-critics-over-arrest-of-dr-naty-castro-probing-possible-violations/story/

In a statement, DILG Secretary Eduardo Año pointed out that Philippine National Police (PNP) officers were just performing their duties when they served the warrant of arrest against the doctor on Friday.

“The PNP was just doing their jobs. Why gang up on them? This was not a warrantless arrest. The RTC issued a warrant and it’s their duty to serve it,” he said.

“The basis of Castro’s arrest by the PNP is a judicially issued warrant based on the criminal charges against her,” he added.

Año said Judge Fernando Fudalan of Regional Trial Court (RTC) Branch 7 in Bayugan City, Agusan del Sur issued the warrant.

Año also hit back at FLAG and the National Union of People’s Lawyers (NUPL) after the groups raised concerns on the arrest of doctors.

“FLAG, the NUPL and other lawyers of Castro had every opportunity to quash the charges against her at the level of the City Prosecutor during the preliminary investigation and even with the court,” he said.

For him, these groups could have used legal remedies to appeal the arrest of Castro “instead of maligning the PNP, the judicial system and making a media circus out of this issue.”

That statement was made in February before the judgement came down and the warrant was tossed. Año looks like a fool now. Apparently there was no preliminary investigation and the warrant was faulty.

The DOJ says despite the warrant being tossed they are still going after Castro and that it's up to her to disprove the allegations against her.

https://mb.com.ph/2022/03/31/doj-can-hold-another-preliminary-investigation-on-criminal-charges-filed-vs-dr-natividad-castro/
“(If she was not given the chance to submit her counter-affidavit during the preliminary investigation to refute the allegations, it does not mean it can just end there),” Guevarra said.

“(The DOJ can conduct another preliminary investigation so she can be given the opportunity to show that there is no probable cause against her concerning the charges that were lodged against her),” he said.
That statement is fundamentally wrong and it comes from the mouth of no less than the Secretary of the Department of Justice who is the nation's top lawyer. That should tell you just how backwards the legal system in the Philippines is. The government has to prove probable cause. The defendant does not have to prove there is no probable cause because the defendant is always presumed innocent. That is basic law and the DOJ Secretary seems to not understand that.

The NTF-ELCAC also issued a statement condemning the court for overturning the warrant. 

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

“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's not only this court that the NTF-ELCAC is condemning. Recently Lorraine Badoy, unbeknownst to the DOJ, sat down for an interview with convicted Major General Jovito Palparan. He was convicted of kidnapping  two UP students accused of being communists. They have never beens found and were likely murdered.

https://newsinfo.inquirer.net/1576399/badoy-claims-retired-gen-palparan-a-victim-of-trumped-up-charges

National Task Force to End Local Communist Armed Conflict (NTF-Elcac) spokesperson Lorraine Badoy has claimed that retired Army Maj. Gen. Jovito Palparan is a victim of “trumped-up charges” fueled by the “lies” of the New People’s Army (NPA).

Badoy was among those who interviewed Palparan in a program aired on SMNI News Channel on Wednesday. The interview was also shared by the NTF-Elcac on its Facebook page.

At the start of the interview, Badoy said that among the reasons why they invited Palparan as guest is to “vindicate” him.

“We are so happy that you could join us. The reason why we have invited you is of course to honor you, to vindicate you, and to show the Filipino people the harm that the CPP-NPA-NDF (Communist Party of the Philippines-National Democratic Front-NPA) has done to us as people,” she told Palparan.

“Mga sinungaling kasi ‘yan, sir (They are liars, sir). Alam natin ‘yan (We know that), and it was because of their collusion, it was because of them and the lies that they spread about you and their collusion with these unprincipled politicians that these trumped-up charges were [filed against you], that’s why this is where you are now. We want to hear from you,” she added.

In 2018, the Malolos Regional Trial Court found Palparan guilty of kidnapping and serious illegal detention related to the disappearance of University of the Philippines students Sherlyn Cadapan and Karen Empeno in 2006.

What is the point of this interview? Is this a prelude to freeing a man who was full convicted by the Philippines justice system? Badoy is now claiming the Philippine justice system is unreliable and influenced by the CPP-NPA!! A government employee wants to overturn the government's decision as being unjust. Now who is the rebel?

If Badoy has evidence that this man is innocent and that the CPP colluded with "unprincipled politicians" then she should take it to the court and get the man a new trial. Upon his conviction in 2018 no less than the DOJ Secretary Guevarra said Palparan's conviction is proof that the Philippine justice system is working.

https://www.pna.gov.ph/articles/1048209

The Department of Justice (DOJ) on Monday said the guilty verdict against retired Maj. Gen. Jovito Palparan Jr. and two others for kidnapping and serious illegal detention charges means that justice is alive and attainable for victims of crimes.

“Justice may come a bit late, but it does come. Let’s believe in that,” Justice Secretary Menardo Guevarra said in a text message.

“All things considered, the evidence of the prosecution indubitably proved beyond reasonable doubt that the aforementioned elements of kidnapping and serious illegal detention obtain in the two cases at bar and the three accused should be penalized accordingly,” read the decision.

If Palparan is innocent why did he try to flee to Singapore? Why did he remain a fugitive for two years? This is all ridiculous and apparently Lorraine Badoy has no respect for the Philippines' justice system. When will the nation be rid of this worthless woman?

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