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Despite orders, PNP refuses to free NDFP peace talks staff

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National Democratic Front of the Philippines (NDFP) peace talks staff Alex and Winona Birondo have yet to be freed by the Philippine National Police from detention despite orders by Quezon City Prosecutor’s Office (QCPO) for their release from detention, their lawyers reported.

In a press statement, the Public Interest Law Center (PILC) said the couple were due for release last Friday, August 2, after charges against them by policemen failed to prosper in court.

Two sets of charges against the Birondos have been referred from inquest to preliminary investigation by the prosecutors allowing their release from detention, the PILC said through its managing counsel Atty Rachel Pastores.

“In separate orders, prosecutors were hard put to find probable cause against the Birondos who were accused first of obstruction of justice and direct assault and later of illegal possession of firearms and explosives,” Pastores said.

“Significantly, there is no evidence on record which shows that respondents were ever found of seen living in or were ever inside the searched premises where the items were found,” Assistant City Prosecutor Eviess JSA Acorda said in her resolution obtained by Kodao.

The prosecutor was referring to the firearms, ammunition and explosives the Quezon City Police District (QCPD) claimed they found in the Barangay Mariblo apartment were the Birondos were arrested last July 23.

On the charges that the Birondos assaulted police officers who raided their apartment, the QCPO in another resolution said the police did not only fail to mention if they identified themselves as PNP members during the incident but they also failed to fully explain how the couple were able to block the four officers.

“We take note of the fact that there were four arresting officers vis a vis the two respondents. Considering the disparity in numbers, there should be an explanation as to how the respondents actually blocked their way,” the second resolution, signed by Assistant City Prosecutor Arceli Bagsac, said.

Both resolutions directed the QCPD to release the elderly and ailing Birondos.

The PILC condemned the police’s refusal to follow the legal orders, saying that while the police have been quick to the draw with the arrest, but slow pokes when it comes to releases.

“Despite the clear orders, the Birondos remain in detention at Camp Caringal, with the police citing procedural requirements,” Pastores said.

“The police have been caught up in their own yarn of lies, which were starkly exposed under legal scrutiny,” she added.

Pastores said the police face significant counter-suits for violation of administrative procedures and criminal laws.

She also called on the government to stop the filing of trumped-up charges against those involved in the peace talks. # (Raymund B. Villanueva)

Again, possession of guns and explosives charges vs NDFP peace panel staff members

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The Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) alleged that arrested National Democratic Front of the Philippines (NDFP) Negotiating Panel staff members Alexander and Winona Birondo kept guns, ammunition and explosives when they were arrested early Tuesday morning, July 23.

As they did with the five NDFP peace consultants arrested since President Rodrigo Duterte cancelled the peace negotiations in November 2017, the PNP and AFP charged the couple with violations of anti-gun and anti-explosives laws.

The couple were arrested in an apartment building in Barangay Mariblo, San Francisco del Monte, Quezon City despite protesting that the warrant of arrest shown them was from a case that was already dismissed last year.

After the couple were brought and detained at Camp Caringal, headquarters of the Quezon City Police District early yesterday morning, the police and the military conducted a search of their apartment  more than 16 hours after their arrest.

“[A]t about 10:00 PM, July 23, 2019, the same personnel from AFP and PNP implemented search warrant No. 5898 (19) and 5899 (19) issued by Hon. Executive Judge Cecilyn Burgos-Villavert for violation of RA (Republic Act) 10591 and RA 9516 at the safe house of the arrested couple after validated information that they are keeping firearms, explosives and ammunition in the said place,” the police and military press release said.

RA 10591 is the Comprehensive Firearms and Ammunition Regulation Act while RA 9516 is the Unlawful Manufacture, Sales, Acquisition, Disposition, Importation or Possession of an Explosive or Incendiary Device law, violations of which are non-bailable.

The police and the military said they seized a .45 caliber pistol, a magazine with seven live ammunition, a holster, a hand grenade, a 40mm high explosive rifkle grenade, and a roll of detonating cord from the couple’s apartment.

They further alleged that Alexander is a staff of the Communist Party of the Philippines’ (CPP) “National Education Commission” while Winona is the secretary of the CPP-New People’s Army’s “National Propaganda Commission”.

The Birondos were also arrested for obstruction of justice and direct assault after they allegedly blocked police officers from arresting a certain Rolando Caballero, alias Jet, who was reportedly wanted for murder.

This morning, however, the Birondo’s lawyers said the charges against thje couple were contrived “eerily similar to imaginary ‘buy-bust’ operations” of the police.

“Having verified that there are no standing warrants against the two, the police in an ill-prepared complaint, said that they did have one against a third person totally unknown to the Birondo spouses,” Public Interest Law Center managing counsel Rachel Pastores said in a statemet.

Pastores said there was no trace or evidence of a third person in the small studio-type apartment.

“This premise is dangerous; the police concocted the charges on the claims of a confidential informant, who may not be compelled to show up in court and may not exist at all,” Pastores said.

Since January 2018, the police have filed the same charges against NDFP peace consultants Rafael Baylosis, Adelberto Silva, Vicente Ladlad, Rey Claro Casambre and Frank Fernandez.

Baylosis, however, was freed last January after being cleared by the Quezon City Regional Trial Court of the charges.

NDFP Negotiating Panel chairperson Fidel Agcaoili demanded the release of the NDFP peace panel consultants and staff members, saying all should be immune from surveillance and arrests under their Joint Agreement on Safety and Immunity Guarantees with the Government of the Republic of the Philippines. # (Raymund B. Villanueva)

GRP arrests NDFP staff Alex and Nona Birondo

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Two National Democratic Front of the Philippines (NDFP) Negotiating Panel staff members were arrested early Tuesday morning, July 23, human rights lawyers of the Public Interest Law Center (PILC) announced today.

Couple Alexander and Winona Birondo were arrested by combined elements of the District Special Operations Unit and the Criminal Investigation Detection Unit of the Quezon City Police District of the Philippine National Police at an apartment building in Barangay Mariblo, San Francisco del Monte, Quezon City at around 5:30 in the morning.

Alex and Nona served as members of the NDFP’s peace talks secretariat from the second round of formal talks in 2016 up to the time the Rodrigo Duterte walked away from the negotiations in 2018.

They were supposed to join the NDFP delegation as early as August 2016 but the Department of Foreign Affairs failed to provide them new passports in time for the resumption of the negotiations in Oslo, Norway.

Before their arrest Tuesday, the couple were charged illegal possession of firearms and explosives, but released in August 2016 for the peace talks. Their case was eventually dismissed in June 2018.

The police made the couple believe they had warrants of arrest and brought them to Camp Caringal, the PILC said.

Winona Birondo at Camp Caringal. (PILC photo)

“Even after they argued that the warrant was outdated and showed the dismissal order, they were taken to Camp Caringal where the Criminal Investigation and Detection Unit and the District Special Operations Unit desperately scrambled to add charges,” PILC managing counsel Rachel Pastores said in a statement.

Pastores said that new and unfounded cases of obstruction of justice and direct assault were filed against the Birondos at the Quezon City Prosecutors’ Office.

“Having verified that there are no standing warrants against the two, the police in an ill-prepared complaint, said that they did have one against a third person totally unknown to the Birondo spouses,” Pastores said.

The police said that the Birondos were harboring a fugitive in their apartment and allowed him to escape when the police were about to arrive.

Pastores said there was no trace or evidence of a third person in the small studio-type apartment.

“This type of contrivance is eerily similar to imaginary ‘buy-bust’ operations. This premise is dangerous; the police concocted the charges on the claims of a confidential informant, who may not be compelled to show up in court and may not exist at all,” Pastores said.

Alex Birondo preparing his medicines at Camp Caringal yesterday. (PILC photo)

The Birondos are the sixth and seventh who participated in the peace talks in 2016 to be arrested and charged by the Duterte government.

NDFP Negotiating Panel chairperson Fidel Agcaoili condemned the latest arrests, saying the couple should be immune from surveillance and arrests under the Joint Agreement on Safety and Immunity Guarantees (JASIG).

“Alex and Nona acquired JASIG protection because of their stint as NDFP staff in the peace talks,” Agcaoili told Kodao.

“We condemn the government’s arrest of persons without warrants and whose cases have been dropped, as in the case of the Birondos,” he added.

Both in their 60s, the Birondos are known to be suffering from illnesses. Alex takes insulin shots for his severe diabetes. # (Raymund B. Villanueva)