DOJ: Court orders re-arrest of red-tagged community doctor Naty Castro
MANILA, Philippines (Updated 5 p.m.) — The Agusan del Sur court has ordered the re-arrest of community doctor Natividad Castro, the Department of Justice said Wednesday.
Castro was arrested in February in her home and brought to Agusan del Sur on a warrant for a kidnapping and serious illegal detention case. On March 25, Acting Presiding Judge Fernando Fudalan Jr. ordered her release after the Regional Trial Court Branch 7 dismissed the case due to "denial of her substantive right to due process" and "lack of jurisdiction over the person of the accused."
In a briefer on Wednesday, the DOJ said Judge Ferdinand Villanueva, following a motion for the prosecution, reversed the March order that dismissed the case and found that:
• There was no denial of due process on the part of accused Dr. Castro as preliminary investigation was conducted by prosecution
• The court acquired jurisdiction over the person of accused Dr. Castro as she was arrested by virtue of warrant of arrest
"Upon personal review/re-evaluation of the evidence of records, including the affidavits of the victim, witnesses and the prosecution’s resolution in the conduct of Preliminary Investigation and considering the totality of the evidence on records, this court finds Probable Cause of the second time to issue Warrant of Arrest," the ruling dated June 16 read.
"Per Court Order dated 16 June 2022, an e-warrant of arrest will be issued against accused Dr. Maria Natividad Castro," the DOJ said.
The court’s reversal
The same court, in a decision penned by Executive Judge Ferdinand Villanueva, granted the motion for reconsideration filed by the prosecution and set aside the March order of the court
Villanueva said the court was compelled to take a third look whether a preliminary investigation is conducted or whether or not there is probable cause to reinstate the warrant.
But the judge said there was no denial of procedural due process because the public prosecutor conducted the required preliminary investigation.
Even though Castro was not served a summons, the court gave weight to the complainant’s argument that the doctor is a New People’s Army member — an allegation strongly denied by the medical community and her lawyers.
"If the accused/respondents cannot be summoned, it does not mean that Preliminary Investigation will be held in abeyance. The rule is clear that the prosecution will resolve the complaint on the basis of the evidence presented," it added.
Villanueva also asserted the court acquired jurisdiction over Castro by virtue of the warrant of arrest. She was also identified by the victim, the judge added,
Meanwhile, on double jeopardy, the court noted that “based on Court records, Dra. Castro was not yet arraigned “thus double jeopardy will not apply.”
The Constitution prohibits that a person be put in jeopardy of punishment for the same offense. Double jeopardy means having the accused answer twice for the same offense.
The case
Castro, through her counsels from the Free Legal Assistance Group, earlier filed a Motion to Dismiss for Want of Preliminary Investigation.
She said the investigating prosecutor failed to follow fundamental law and witnesses’ affidavits are bereft of her supposed participation—even her name was not in the complaint-affidavit, affidavit of witnesses and other documents except in the Supplemental Affidavit and Information.
In a press release sent to reporters in February, the Philippine National Police claimed that Castro is a member of the Communist Party of the Philippines’ Central Committee and head of its national health bureau based in Barangay Libertad in Butuan City.
Caraga police also claimed that Castro was allegedly involved in the kidnapping of a member of the military's Citizen Armed Force Geographical Unit Active Auxiliary in Sibagat, Agusan del Sur on Dec. 29, 2018.
"Contrary, however, to what the police have been announcing on their social media pages, Doc Naty is not a communist nor is she a terrorist. She is a health worker who has been helping those who need help the most," FLAG said.
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