Arrest of Morong 43 illegal

The recent arrest of 43 health workers in Morong, Rizal by members of the Philippine Army’s 2nd Infantry Division was baseless and illegal.

What was the motive of the military?

Mere membership in the Communist Party of the Philippines (CCP) is no longer a crime. You must have performed covert acts of your political belief to overthrow the government before you can be accused of violating the law.

Media reports said Philippine National Police Senior Inspector Rex Cuntapay, a former NPA captive, supposedly identified some of the detained health workers as members of the New People’s Army and said that at least two of those arrested were among those who ambushed and abducted members of the 418th provincial mobile group in Rodriguez last Jan. 3, 2009.

According to Army Major General Jorge Segovia, commanding general of the Philippine Army’s 2nd Infantry Division, charges were filed against the health workers after several firearms and bomb-making components were “seized” from them at Barangay. Maybangcal, Morong.

From reports that I have gathered, this was apparently a warrantless arrest and therefore baseless and illegal.

Let me remind our military establishment that we live under the rule of law, and that the bill of rights includes the right against unreasonable searches and seizures and it is fully enforced.

The military’s earlier refusal to produce the petitioners in habeas corpus proceedings is clearly a very dangerous situation that the military is now defying lawful orders of the court. Under our system of government, civilian authority is at all times supreme over the military precisely to prevent such unwarranted incursions into our freedoms.

Under intense public pressure, the Army presented the health workers before the Court of Appeals Monday.

Since the repeal of the anti-subversion law, membership in the Communist Party of the Philippines is no longer considered a crime.

You cannot just arrest anyone on the mere suspicion that they are members of the Communist Party, have engaged in ambushes, etc.  You have to go to court. You have to go to the prosecutor, file a case, and have the information filed in court and a warrant issued.

This is not an instance where you can justify a warrantless arrest because no crime is being committed in the presence of the arresting officers and they were not caught in the act, nor were the military in hot pursuit.

We condemn in the strongest possible terms such disregard for the rule of law by our military officials.

To see more blog articles of former Senate President Frank Drilon visit http://frankahan.com/blog/