Tagaytay 5 Seek Immediate Release, File Motion to Quash

November 14, 2006 at 1:41 pm | Posted in Campaigns | 1 Comment

After 200 Days:
Tagaytay 5 Seek Immediate Release, File Motion to Quash
The prolonged legal battle for liberty of the Tagaytay 5 continue, even as public and official support calling for our immediate release and improvement of prison condition pours in by the day enter the 200th day of our abduction and illegal detention.
Today November 13, 2006, we, The Tagaytay 5, challenge the jurisdiction of the Tagaytay RTC over our persons, by filing a motion to quash the amended information for rebellion, which was belatedly and maliciously imputed against us by the PNP PRO CALABARZON, Cavite PNP and the Department of Justice (DOJ), while we also seek our liberty through another petition for certiorari, prohibition with issuance for a restraining order and/or preliminary injunction filed at the Supreme Court last November 3, and a pending motion for review at the DOJ filed last September 6, 2006.
Our new motion to quash for lack of jurisdiction is based on two major arguments:
1. Our arrest, nay abduction was unlawful, the ensuing search was illegal, hence all the resultant evidence as allegedly seized are in admissible for any purpose in any proceeding; and,
2. The Honorable Court has been ousted of such jurisdiction due to palpable violations of the rights of the accused. The PNP and the DOJ prosecutor has failed miserably to produce a single shred of credible evidence to justify our continued incarceration to this day – after 200 days of abduction and detention; after a perjuring in quest last May 2, 2006; after a blatantly biased preliminary investigation in June and July 2006 for Enrico Ybañez and Michael Masayes undertaken by the DOJ–appointed Fiscal Rodel Paderayon; and, after six court hearings since May up to this very moment, the PNP has mysteriously failed to present, submit, deliver or show to the Honorable Court the alleged gun and explosive materials used for rebellion, and voluminous subversive documents they allegedly seized from us. They will never be able to show one – for there exist none. All they have got are fabricated and tampered evidence, which they criminally planted to our belongings to incriminate us against our free will during the first seven days when we were surreptitiously concealed from our families and lawyers.
What the PNP and DOJ conspiracy against us really want is to detain us indefinitely, as they excavenge for whatever credible evidence they may still find and to look for better witnesses, credible enough than one bunch of fumbling and self-negating police officers who maliciously imputed criminal sets against us. And for the Tagaytay 5 to serve as a “trophy of war in the unti-insurgency war, as a grim reminder to determined social activists ”na may paglalagyan kayo pag di kayo tumigil ng katutuligsa sa gobyerno (you will see what you’d get if you continue dissent against the government)”! We assert that our abduction on April 28, 2006 is one nig HULIDAP operation, in the name of GMA’s anti-insurgency total war.
It is a well-established legal tenet in criminal procedure, even under the Marcos fascist dictatorship, that purported evidences seized or produce illegally or extrajudicially are inadmissible in court, especially those extracted under duress or torture. And since we were abducted forcibly and search illegally, all material presented as evidence are inadmissible in any judicial procedure. For committing gross and palpable violations of our human rights, the PNP-DOJ dream of conviction is now surely turning into a ludicrous nightmare!
While we sustain our legal battle through our families and staunch human rights lawyers from the Free Legal Assistance Group (FLAG) and the Chavez law office, it is now high time for the Honorable Court to listen to the public outcry and condemnation against one preposterous rebellion charge and to ever-growing calls for our release and/or improvement of prison conditions coming from NGO’s; progressive mass organizations; and even government officials such as Senators Jamby Madrigal, Ramon Magsaysay Jr., Panfilo Lacson, Serge Osmeña III, Aquilino Pimentel Jr., Juan Flavier, and Lito Lapid; progressive party-list representatives from Bayan Muna and Anakpawis, Cong. Boying C. Remulla, Cong. Erin Tañada III, Cong. Chiz Escudero and Cong. Butch Pichay; and concerned Church-based and professionals in the CALABARZON region.
Indeed, our families, organizations, and we have sacrificed and suffered so much. But inevitably, the false charges and the concomitant fabricated evidences will be thrown into the garbage leap of judicial history. Inexorably, we are going to march back to freedom!
The Tagaytay 5
13 November 2006
20th Death Anniversary of Ka Lando Olalia
KMU Chairperson


1 Comment »

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  1. very interesting. i’m adding in RSS Reader

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