Lawyers for the “Morong 43”, the 43 health workers who were illegally arrested last Feb. 6 in Morong, Rizal and are now detained at the military's Camp Capinpin in Tanay, Rizal today filed before the Court of Appeals a notice of appeal on yesterday's decision dismissing a petition for habeas corpus filed in their behalf.


Atty. Rachel Pastores of the Public Interest Law Center filed the appeal at the CA, together with the families of the detained health workers. The Court of Appeals will then be elevating the appeal to the Supreme Court.

The umbrella group Bagong Alyansang Makabayan today criticized the decision of the Court of Appeals denying the petition for habeas corpus filed by the 43 health workers illegally arrested, detained and tortured by the military last February 6. The group however lauded the dissenting opinions of CA Justices Normandi Pizzaro and Francisco Acosta which favored the 43 health workers.

“It was a close decision, and provides basis for revsiting the Martial Law relic that is the Ilagan doctrine which prevents a petition for habeas corpus once an information has been filed in court. What this doctrine is saying is that even if the arrests and detention of the 43 were illegal to begin with, once a case had been filed in court, no matter how delayed and defective, the illegal arrests will be legalized,” said Bayan secretary general Renato M. Reyes, Jr.

Lawyers of the Morong 43 will appeal to the Supreme Court the decision of the Court of Appeals denying their petition for habeas corpus.

We have no other recourse but to elevate the case to the Highest Court, lawyers from the Public Interest Law Center (PILC) and the National Union of People’s Lawyers (NUPL) headed by Atty. Romeo T. Capulong said today after the Court of Appeals issued a resolution denying their petition for habeas corpus filed in behalf of the 43 health workers still detained at Camp Capinpin, Tanay, Rizal.

“In simply adhering to the outdated Ilagan v. Enrile, a notorious martial law doctrine, the Court of Appeals seriously disregarded the litany of blatant violations of the constitutional rights of these 43 health workers from the time that they were unlawfully arrested and the continued abuse of their basic human rights in the hands of the military,” said Atty. Capulong. It is clear that the CA has not mustered the courage to revisit a doctrine handed down during the Marcos dictatorship and has actually legalized the abuses committed by the military, he added.

The appointment of Lt. Gen. Deflin Bangit to the position of Chief of Staff of the Armed Forces of the Philippines creates greater uncertainties in the upcoming elections, according to the umbrella group Bagong Alyansang Makabayan.

“The biggest question in Bangit’s appointment is his perceived closeness to the president, which in the event of a failure of elections, may be useful in keeping Mrs. Arroyo in power indefinitely. He may be Arroyo’s ace up her sleeve should there be a power vacuum,” said Bayan secretary general Renato M. Reyes, Jr.

Lawyers from the Public Interest Law Center (PILC) and the National Union of People's Lawyers (NUPL), representing the 43 health workers illegally arrested and detained in Rizal who are collectively known as the "Morong 43", today blocked an attempt by the Armed Forces of the Philippines (AFP) to have them arraigned before the Morong Regional Trial Court.