MANILA, Philippines — Police and military officials accused of illegally detaining 43 health workers in Morong, Rizal in February 2010 have been allowed to move for the dismissal of the charges filed against them.
The Sandiganbayan’s Seventh Division granted the motion of the respondents to file a demurrer to evidence.
This means the defendants can move for the dismissal of the charges on the grounds that the prosecution failed to prove its allegations. With a demurrer, the accused also need not present their counter-defense.
Retired Lt. Gen. Jorge Segovia, retired Maj. Gen. Aurelio Baladad, Brig. Gen. Joselito Reyes, Col. Cristobal Zaragoza, Senior Superintendents Marion Balonglong and Allan Nobleza, Chief Inspectors Jovily Cabading and Manuel Tabion and a certain Vicente Lopez of the Armed Forces of the Philippines are facing eight counts each of violation of Republic Act 7438.
The law defines the rights of those arrested, detained or under custodial investigation as well as the duties of arresting, detaining and investigating officers.
The case stemmed from the alleged refusal of the accused to allow the health workers to confer with a lawyer following their arrest.
The health workers, who were suspected of being communist rebels undergoing training in explosives, claimed they were also tortured in jail.