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Frank Fernandez and company transferred to civilian jail

Arrested National Democratic Front of the Philippines consultant Frank Fernandez, wife Cleofe Lagtapon and companion Ge-ann Perez have finally been transferred to a civilian jail facility Monday despite efforts by the Philippine Army to keep them incommunicado inside Fort Bonifacio in Taguig City.

Following their scheduled arraignment for alleged illegal possession of firearms and explosives before the Sta. Cruz (Laguna) Regional Trial Court Monday, April 22, the three were finally committed to the Laguna Provincial Jail.

Their arraignment, however, did not push through because of their limited and ineffective access to counsel.

The three were captured by government forces in Laguna on March 24.

The 71-year old Fernandez, a former priest, was the spokesman of the NDFP in Negros, although sources in the underground hinted that he was no longer as active as before because of his age and health issues.

In an announcement, the Public Interest Law Center (PILC) said Fernandez and company were kept inside the Army General Hospital (AGH) since March 25 without communication to the outside world save for a few visits.

PILC also told Kodao that aside from its repeated refusal to allow PILC lawyers to visit the three, the Philippine Army also deliberately ignored an April 3 Commitment Order by the Branch 33 of the Sta. Cruz Court to transfer Fernandez, Lagtapon and Perez to a civilian jail facility.

“No less than Lt. Gen. Macairog Alberto, Army commanding general, denied the written request of Public Interest Law Center managing counsel Rachel Pastores to enter Fort Bonifacio on April 16, 2019, saying that only one counsel [PILC’s Maria Kristina Conti] was recognized by the court,” PILC said.

Aside from Conti, however, Fernandez and company have formally engaged PILC’s Pastores, Amilyn Sato and Carlos Montemayor as lawyers during their inquest proceedings in Sta. Cruz last March 25.

‘No visits from lawyers and doctors’

According to an Omnibus Motion to the Court filed through their lawyers last April 17, Fernandez and company complained of being denied visits from their lawyers and doctors.

Efforts by PILC and National Union of Peoples’ Lawyers counsels to gain access to their clients were denied.

Doctors who also sought ways to check up on the three were turned away by the Philippine Army.

Fernandez and Lagtapon asked the Court to require the Philippine Army to respect their right to counsel and to provide them unhindered access to them for adequate and effective preparation for their defense.

Fernandez also asked for a hospital checkup and confinement, complaining that the AGH does not appear to be fully-equipped to treat his coronary artery disease, chronic obstructive pulmonary disease and hyponatremia (low sodium concentration in the blood) as diagnosed by Philippine Army doctors themselves.

Casambre now in Bicutan

Earlier this month, Fernandez’s fellow NDFP peace consultant Rey Claro Casambre had been transferred to Camp Bagong Diwa in Taguig City after spending weeks at the “noisy, hot and cramped” Bacoor City Jail.

Casambre was clandestinely transferred from the Criminal Investigation and Detection Group-National Capital Region detention facility in Camp Crame to Bacoor last April 3 without his family and lawyers being informed of the move.

Aside from Casambre and Fernandez, Reynante Gamara, Vicente Ladlad, Rafael Baylosis and Adelberto Silva had been arrested in succession since President Rodrigo Duterte ended the peace negotiations between the Government of the Republic of the Philippines and the NDFP in November 2017.

All had been charged with illegal possession of firearms and explosives, which they deny.

Baylosis, however, was ordered released by the Quezon City Regional Trial Court in January after pieces of evidence presented against him were found insufficient. 

Arrested National Democratic Front of the Philippines (NDFP) consultant Frank Fernandez, wife Cleofe Lagtapon and companion Ge-ann Perez have finally been transferred to a civilian jail facility Monday despite efforts by the Philippine Army to keep them incommunicado inside Fort Bonifacio in Taguig City.

Following their scheduled arraignment for alleged illegal possession of firearms and explosives before the Sta. Cruz (Laguna) Regional Trial Court Monday, April 22, the three were finally committed to the Laguna Provincial Jail.

Their arraignment, however, did not push through because of their limited and ineffective access to counsel.

In an announcement, the Public Interest Law Center (PILC) said Fernandez and company were kept inside the Army General Hospital (AGH) since March 25 without communication to the outside world save for a few visits.

PILC also told Kodao that aside from its repeated refusal to allow PILC lawyers to visit the three, the Philippine Army also deliberately ignored an April 3 Commitment Order by the Branch 33 of the Sta. Cruz Court to transfer Fernandez, Lagtapon and Perez to a civilian jail facility.

“No less than Lt. Gen. Macairog Alberto, Army commanding general, denied the written request of Public Interest Law Center managing counsel Rachel Pastores to enter Fort Bonifacio on April 16, 2019, saying that only one counsel [PILC’s Maria Kristina Conti] was recognized by the court,” PILC said.

Aside from Conti, however, Fernandez and company have formally engaged PILC’s Pastores, Amilyn Sato and Carlos Montemayor as lawyers during their inquest proceedings in Sta. Cruz last March 25.

‘No visits from lawyers and doctors’

According to an Omnibus Motion to the Court filed through their lawyers last April 17, Fernandez and company complained of being denied visits from their lawyers and doctors.

Efforts by PILC and National Union of Peoples’ Lawyers counsels to gain access to their clients were  denied.

Doctors who also sought ways to check up on the three were turned away by the Philippine Army.

Fernandez and Lagtapon asked the Court to require the Philippine Army to respect their right to counsel and to provide them unhindered access to them for adequate and effective preparation for their defense.

Fernandez also asked for a hospital check up and confinement, complaining that the AGH does not appear to be fully-equipped to treat his coronary artery disease, chronic obstructive pulmonary disease and hyponatremia (low sodium concentration in the blood) as diagnosed by Philippine Army doctors themselves.

Casambre now in Bicutan

Earlier this month, Fernandez’s fellow NDFP peace consultant Rey Claro Casambre had been transferred to Camp Bagong Diwa in Taguig City after spending weeks at the “noisy, hot and cramped” Bacoor City Jail.

Casambre was clandestinely trasferred from the Criminal Investigation and Detection Group-National Capital Region detention facility in Camp Crame to Bacoor last April 3 without his family and lawyers being informed of the move.

Aside from Casambre and Fernandez, Reynante Gamara, Vicente Ladlad, Rafael Baylosis and Adelberto Silva had been arrested in succession since President rodrigo Duterte ended the peace negotiations between the Government of the Republic of the Philippines and the NDFP in November 2017.

All had been charged with illegal possession of firearms and explosives, which they deny.

Baylosis, however, was ordered released by the Quezon City Regional Trial Court in January after pieces of evidence presented against him were found insufficient. # (Raymund B. Villanueva)

Para sa kalayaan ng mga bilanggong politikal

Before attendees of the Free Rey Casambre Campaign at the University of the Philippines last Saturday, Public Interest Law Center managing counsel Rachel Pastores said the judges and prosecutors who handle the cases of incarcerated National Democratic Front of the Philippines peace consultants must be encouraged to do what is right. (Image by Carlo Francisco/Kodao)

Prosecutor drops gun possession charge vs Silva’s companions

Three companions of National Democratic Front of the Philippines (NDFP) consultant Adelberto Silva arrested with him last Monday, October 15, were ordered freed Thursday after charges of illegal possession of firearms against them have been dismissed.

Public Interest Law Center (PILC) managing counsel Rachel Pastores said that the temporary release of Hedda Calderon, Ireneo Atadero and Edisel Legaspi is allowed pending further investigation of an additional charge against them.

Pastores said that additional charges of illegal possession of explosives were referred for preliminary investigation by Laguna provincial prosecutor Ma. Victoria Dado.

The three were arrested along with Silva and their driver Julio Lusania by combined elements of the Philippine National Police’s Criminal Investigation and Detection Group (CIDG) and the Intelligence Service of the Armed Forces of the Philippines in Sta. Cruz, Laguna.

The CIDG said the two .45 caliber handguns, three hand grenades, a claymore mine-type improvised explosive device and assorted ammunition were seized from the five during their arrest.

Silva, however, told Kodao that the guns and explosives were “planted”.

“PILC expects the CIDG-NCR to implement the release soonest possible, in respect of due process and presumption of innocence of all detained, most especially the wrongfully-accused,” Pastores said.

The CIDG, however, still has to abide by the resolution and release the three.

In an Inquirer report, PILC’s Atty. Kristina Conti denied that Silva is part of any destabilization plot against President Rodrigo Duterte, such as the so-called Red October plot the military described by the military.

“This story is laughable but we are not amused,” Conti said.

Conti said the Calderon, Atadero and Legaspi were consulting with Silva who is a leading member of the NDFP’s Reciprocal Working Committee on Social and Economic Reforms in its peace process with the Government of the Republic of the Philippines.

Facing multiple murder charges for an alleged massacre in Inopacan, Leyte, Silva was released in August 2016 to enable his participation in the first formal talks between the GRP and the NDFP in Oslo, Norway.

His temporary bail was suspended last January, however, after President Duterte cancelled the peace talks. # (Raymund B. Villanueva)

Satur’s lawyers seek his dismissal from DOJ list

Lawyers have asked the Manila Regional Trial Court Branch 19 to dismiss the petition against former Representative Saturnino “Satur” Ocampo in connection with the Department of Justice’s (DOJ) move to have the Communist Party of the Philippines (CPP) and the New People’s Army (NPA) proscribed as terrorist organizations.

In a notice of special apperance filed Wednesday, March 20, the Public Interest Law Center (PILC) said the respondent in the DOJ petition were the CPP and the NPA and not Ocampo.

“Obviously, there is a material discrepancy between the statements in the summons and the allegations in the petition,” the PILC motion said.

“The summons indubitably designated movant Ocampo as a party respondent, in the stead of the actual respondents, the CPP and the NPA,” it added.

Ocampo was among hundreds listed in the DOJ petition as “known officers” of the CPP and the NPA the Rodrigo Duterte government wanted proscribed as terrorist organizations.

The PILC however denied Ocampo is a party to the instant [DOJ] proceeding.

“The Honorable Court cannot indulge on the drastically erroneous premise that movant is a respondent, as there is no basis whatsoever to implead him,” the PILC said.

The lawyers said Ocampo vehemently denies he is an officer, a member or even a representative the CPP and the NPA and therefore has no legal, vested, material interest insofar as the petition for proscription of the CPP and NPA is concerned.

In the PILC motion’s prefatory statement, Ocampo said, “I am Saturnino Ocampo. Journalist. I am NOT a terrorist.”

PILC said Ocampo cannot be made party to the instant proceeding against the CPP and the NPA that are entities with personalities separate from his.

“[N]othing in the [DOJ] petition and its annexes indicate that movant Saturnino Ocampo is indeed an officer, member or representative of the CPP and NPA,” PILC said.

The PILC said annexes to the DOJ petition naming Ocampo as one of the members of the CPP Central Committee were all issued in 2006 and has also failed to prove he still remains as member or officer of the CPP and the NPA.

Ocampo served as Bayan Muna Representative in the 12th to 14th Congress in 2001 to 2010. He currently serves as the chairperson of the Makabayan Coalition that has seven representatives in the 17th Congress.

Ocampo’s lawyers have also denied he has committed any terrorist act.

“It is respectfully prayed of the Honorable Court that the instant Petition BE DISMISSED for lack of jurisdiction over the person of movant Saturnino Ocampo and for failure of the petition to state a cause of action against him,” PILC said.

The PILC motion is the first to be filed against the DOJ petition to have the CPP and the NPA proscribed as terrorist organizations. # (Raymund B. Villanueva)

Lawyers present six reasons why political prisoners must be freed

People’s lawyers held a press conference at Mendiola this morning and cited six reasons for the immediate release of all political prisoners.

The National Union of People’s Lawyers (NUPL) and the Public Interest Law Center (PILC) joined human rights victims and their kin in solidarity fasting and stressed the legal and humanitarian grounds for the release.

President Rodrigo Duterte had recently issued statements he would only release the political prisoners after a bilateral ceasefire agreement with the National Democratic Front of the Philippines.

The lawyers said Duterte is contradicting himself, saying it was him who promised to grant them general amnesty immediately after his election as President earlier this year. (Featured photo by Salinlahi)

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