Sandigan acquits 7 soldiers, cops in ‘Morong 43’ detention
Credit to Author: Tempo Desk| Date: Fri, 19 Jul 2019 06:30:25 +0000
The criminal charges filed against the seven Army and police officers reportedly involved in the illegal detention of the “Morong 43” health workers have been dismissed by the Sandiganbayan due to the insufficiency of the prosecution’s evidence against them.
The anti-graft court’s Seventh Division promulgated on July 1 a resolution granting the demurrer to evidence of Lt. Gen. Jorge Segovia, retired Maj. Gen. Aurelio Baladad, Brig. Gen. Joselito Reyes, Col. Cristobal Zaragoza, Police Lt. Col. Marion Balonglong, Police Lt. Col. Allan Nobleza, and Police Major Jovily Cabading.
“At this point, it is apt to reiterate and emphasize that a demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence,” the Sandiganbayan said in the resolution. “Hence, the court finds the evidence adduced by the prosecution insufficient to sustain the indictment or to support a verdict of guilt, thus, warranting the dismissal of the herein cases.”
The seven Army and police officers were initially slapped with eight counts of violating Section 4(b) of Republic Act 7438, which is an act defining certain rights of person arrested, detained, or under custodial investigation as well as the duties of the arresting officers.
Section 4(b) of RA 7438 does not allow officials to keep detained individuals from conferring with his or her lawyer, relative, doctor, or even a spiritual adviser.
Last March 5, the court allowed them to file a demurrer to evidence which they filed last March 22, arguing that it is incumbent upon the prosecution to prove that the complainants had a lawyer of his or her own choice during the time of their arrest.
However, the testimonies of the complainants revealed that they never informed the accused officials the name of their counsel of choice. They did not even have a lawyer in mind when they were detained from Feb. 6 to 10, 2010. (Czarina O. Ki)