MANILA, Philippines — Almost three months since her release from prison, a court in Agusan del Sur has ordered the rearrest of community doctor and human rights worker Ma. Natividad Castro.
Bayugan City Regional Trial Court (RTC) Executive Judge Ferdinand Villanueva issued an eight-page order on June 16 for the issuance of an e-warrant of arrest against Castro for kidnapping and serious illegal detention, the Department of Justice-National Prosecution Service (DOJ-NPS) said yesterday.
The DOJ-NPS said Villanueva reversed the March 25 order of Bayugan City RTC Branch 7 Judge Fernando Fudalan Jr., which dismissed the criminal case against Castro.
In his ruling, Fudalan said the doctor was denied her right to due process as the court lacked jurisdiction over the case.
The government believes Castro is an active member, recruiter, trainer and fundraiser of the Communist Party of the Philippines-New People’s Army-National Democratic Front.
Rachelle Salahay filed the complaint against Castro on behalf of her husband Bernabe before the Agusan del Sur provincial prosecutor’s office on Jan. 14, 2019.
In his ruling, Villanueva said Castro was not denied due process when the prosecution conducted its preliminary investigation.
“The allegation of the accused through counsel that the name of Dra. Natividad was only inserted and without preliminary investigation is without basis. There was a preliminary investigation and from the very beginning Dra. Natividad was included,” the court ruling read.
”If the accused cannot be summoned, it does not mean that the 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 said the court acquired jurisdiction over Castro because she was arrested based on a warrant of arrest.
He said there is no double jeopardy since Castro has not yet been arraigned.
Castro was arrested at her home in San Juan City last Feb. 18 and detained at the provincial jail in Prosperidad, Agusan del Sur.
She was released on March 30 after Fudalan dismissed the case against her.