T5 Demands Equal Protection Of Law, Goes To Supreme Court For Relief

October 8, 2006 at 5:53 am | Posted in Campaigns | 2 Comments

Today, October 9, 2006, a new chapter unveils in the slow, tortuous saga of the Tagaytay 5, even as we continue to demand that the Arroyo government dutifully respect the constitutional guarantees on due process and equal protection of law.
 
Today we come again to the sala of the Honorable Judge Edwin G. Larida, Jr., of the Tagaytay Regional Trial Court Branch 18 for our court-imposed arraignment on the rebellion case maliciously imputed upon us by the Department of Justice (DOJ) Prosecutors Office, the PNP Police Regional Office 4-CALABARZON and the Cavite Philippine National Police (PNP).
 

It is with heavy hearts that we walk in to the august sala of the Honorable Court, knowing perfectly well that we were unwilling victims of the PNP-AFP’s (Armed Forces of the Philippines) brazen abduction, Gestapo-like interrogation and incommunicado techniques, fabricated evidences, incriminatory machination, and the DOJ’s utter disregard for human rights and due process of law.  As the case drags on, we are having more and better reasons to believe that the legal processes laid down to us are increasingly being stacked against us to effect a speedy conviction of ordinary unarmed citizens, who were caught in the maelstrom of Mrs. Arroyo’s action plan for political survival.  We are being forced to act out in a tragic moro-moro.
 
First, the DOJ central office took a direct hand in the prosecution of the case, sending to Tagaytay City one of its aspiring prosecutors who will hew to DOJ’s clear prosecution bias against critics of the Arroyo regime or even unarmed civilians like the Tagaytay 5, despite the fact that there are competent fiscals in Tagaytay to handle the case.  Second, the PNP and DOJ forced the earlier Tagaytay prosecutors to conduct a moro-moro “inquest” proceedings in the dead of the night of May 2, 2006 so that the abductors of Tagaytay 5 could escape the liability of “illegal arrest” and arbitrary detention.
 
Third, the inquest fiscal in the night of May 2, 2006 was not even able to talk to or question the Tagaytay 5, but falsely certified that we have waived our right to inquest or preliminary investigation.
 
Fourth, the PNP and DOJ grievously erred in the belated filing of charges against us far way beyond the 36 hours mandatory time period for such filing which deprived us of our civil liberties.
 
The court added another injury by legitimizing our continued illegal detention on the flimsy basis that, “They were riding on the same car when the arrest was effected.” And “they are already detained anyway.”
 
Fifth, the Court ordered our arraignment originally last August 14, in a notice dated July 19, despite the fact a preliminary investigation was still ongoing at that time, it last hearing having been on July 26 and despite the fact that the formal report of said preliminary investigation was due only on August 8.
 
 
Third, the inquest fiscal in the night of May 2, 2006 was not even able to talk to or question the Tagaytay 5, but falsely certified that we have waived our right to inquest or preliminary investigation.
 
Fourth, the PNP and DOJ grievously erred in the belated filing of charges against us far way beyond the 36 hours mandatory time period for such filing which deprived us of our civil liberties.
 
The court added another injury by legitimizing our continued illegal detention on the flimsy basis that, “They were riding on the same car when the arrest was effected.” And “they are already detained anyway.”
 
Fifth, the Court ordered our arraignment originally last August 14, in a notice dated July 19, despite the fact a preliminary investigation was still ongoing at that time, it last hearing having been on July 26 and despite the fact that the formal report of said preliminary investigation was due only on August 8.
 
All these facts point to a callous conspiracy of DOJ and PNP to railroad our case to ensure much-needed “judicial victory” for the embattled regime and legitimize its culture of impunity.  All the rebellion cases being prosecuted by the DOJ’s Task Force Rebellion only bring back to memory the fascist show trials in Hitler’s Germany in the 1930s and the hysterical anin the belated filing of charges against us far way beyond the 36 hours mandatory time period for such filing which deprived us of our civil liberties.
 
The court added another injury by legitimizing our continued illegal detention on the flimsy basis that, “They were riding on the same car when the arrest was effected.” And “they are already detained anyway.”
 
Fifth, the Court ordered our arraignment originally last August 14, in a notice dated July 19, despite the fact a preliminary investigation was still ongoing at that time, it last hearing having been on July 26 and despite the fact that the formal report of said preliminary investigation was due only on August 8.
 
All these facts point to a callous conspiracy of DOJ and PNP to railroad our case to ensure much-needed “judicial victory” for the embattled regime and legitimize its culture of impunity.  All the rebellion cases being prosecuted by the DOJ’s Task Force Rebellion only bring back to memory the fascist show trials in Hitler’s Germany in the 1930s and the hysterical anti-communist McCarthyite witchhunts in the United States during the 1950s.
 
In view of the ever-growing threat of a speedy conviction, we, the Tagaytay 5, were constrained to seek judicial relief from the Supreme Court.  Three of us (Riel Custodio, Axel Pinpin, Aristides Sarmiento) filed a Petition for Certiorari and prohibition through our counsel, Atty. Jose Manuel I. Diokno, at the Supreme Court.  Our petition questions the patently illegal procedures undertaken by the PNP, AFP and DOJ from our abduction, to the ridiculous inquest proceeding, and the one-sided preliminary investigation of Michael Masayes and Enrico Ybañez.
 
Corollarily, Masayes and Ybañez, through their counsel Atty. Don Carlo Ybañez, sought relief through a petition for review filed with the Office of the Secretary of DOJ.  Their petition assails the cavalier decision of the Tagaytay City Prosecutor’s Office to charge the two co-accused with rebellion with virtually no shred of evidence being presented by the PNP.
 
Hence, we call on the Supreme Court to stand firm as a bulwark of civil liberties, judiciously exercise its independence and probity, and not fall prey into the chicanery orchestrated by the DOJ-PNP to perpetuate a police state, wherein ultimately, the Courts will themselves be useless appendages just like under a fascist dictatorship.
 
In the same vein, we challenge the Arroyo regime to genuinely exercise the equal protection of law – as equal at it protects privatization corruptors, fertilizer plunderers, and election cheaters.  Denying this, the regime only exposes its class bias and its political bias – that it can only cuddle thieves and highwaymen, and aversive to the people’s cry for justice and freedom.
 
We believe that all freedom-loving Caviteños and Filipinos will be with us in this long and tortuous fight for justice.  They will keep an ever-vigilant watch on the Courts.

Advertisements

2 Comments »

RSS feed for comments on this post. TrackBack URI

  1. Nalulungkot ako lalong lalo na sa sinapit ng aking Daddy at ni Michael at ng kanyang mga kasamahan. Una po sa lahat hindi kriminal ang aking Daddy at lalong hindi rin miyembro ng NPA. Naaapektuhan lamang sya ng Politika sa TAGAYTAY. Sana lamang po ay tigilan na ang pang aapi at pandadamay sa mga inosenteng tao. Ang aking Ina ay namatay dahil sa konsomisyon dahil jan sa pagkakulong ng aking Daddy na siyang tanging lakas ng loob ng aking Ina. Anong klaseng Gobyerno meron tayo, madaming mga tiwaling mga sundalo at pulitiko mga nangungurakot sa pera ng bayan pero hindi nila hinuhuli tapos may mga PUSHER at mga namumuno sa nagtutulak at pasimuno ng sugal sa tagaytay pero hindi nila napapansin, subalit ung inosenteng tao hinuhuli nang walang kasalanan. Gising TAGAYTAY wag naman po kayong magpadala sa impluwensya ng taong demonyo. Marami na kayong sinisirang buhay.

  2. FREE TAGAYTAY 5 . . . Justice for Enrico Ybanez and Michael Masayes


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog at WordPress.com.
Entries and comments feeds.

%d bloggers like this: