Professional Documents
Culture Documents
April 7, 2010 Regional Trial Court (RTC) of Morong issued an Order granting the transfer
of 38 of the Complainants-Detainees to the PNP Camp Crame in Quezon
(Wednesday) City but adopting the position of the military, over the objection of the
Complainants-Detainees’ lawyers, that five of the segregated detainees
(Barrientos, Carandang, Paulino, Pizarro and Tawagon), remain in the
custody of the military at Camp Capinpin in Tanay. Rizal
April 9 Around 9:00 am, media reports said that 38 of the Complainants-Detainees
will arrive at Camp Crame at 10:30 am. Atty. Olalia, who was scheduled this
(Friday) morning to go to Camp Capinpin to follow up the transfer, together with
fellow NUPL lawyer Atty. Julius Matibag, was compelled to text Gen.
Segovia to verify what time the Complainants-Detainees will be transferred.
Gen. Segovia texted back and said that 38 of them were already on their way
to Camp Crame.
It turned out that the PNP officers Chief Supts. Herold Ubalde, Rommel
Heredia, and Leonardo Espina together with Army Intelligence Officer Lt.
Col. Zaragosa had just finished giving a press conference a few minutes
earlier at the grandstand.
The lawyers rushed to the grandstand where there were several policemen,
media and relatives milling. They were able to catch Chief Supt. Ubalde,
PNP Chief of Legal, speaking to Renato Reyes of Bayan. They engaged in a
negotiation but ended up with both parties disagreeing. The lawyers were
asking Chief Supt. Ubalde the details of their coordination with the military
but gave tentative details. He said that they had filed a Motion for
Reconsideration the day before of the Morong RTC Order and that they
could not accommodate the 38 as their detention facilities are overcrowded
and that there is no other place they could keep them and that it was the
BJMP who should take them in. The lawyers disagreed with this and
registered their opposition. Before deciding to follow to Camp Capinpin, the
lawyers procured a copy of the said Motion for Reconsideration at the PNP
Legal Office.
In the meantime, Atty. Olalia called RTC Morong clerk of court Atty. Javier
and verified what happened yesterday. Atty. Javier said he received the
Motion for Reconsideration of the PNP at 5:00 pm and that it is set for
hearing on March 16. He would be calling Atty. Olalia again later and said
that the PNP is amenable to the transfer of the 38 Complainants-Detainees to
Camp Bagong Diwa in Bicutan. He suggested that the defense lawyers
should not agree that their clients be transferred to the Rizal Provincial Jail as
they would be mixed with common criminals.
The lawyers, together with a big number of relatives and health workers,
proceeded to Camp Capinpin. On the way, they decided to pursue with the
ocular inspection of the farmhouse in question which was earlier scheduled
that morning. They arrived about 1:00 pm and met Dr. Velmonte, her son
Bong and caretaker Bing. (The latter was initially made to line up with the
Complainants-Detainees when the latter were arrested but was instantly
released when she identified herself.)
Dr. Velmonte and her son showed the structures in the farmhouse and
narrated what happened that fateful day of February 6. She was mad at the
military and the police for the intrusion into their property and the highly
questionable search and seizure and illegal arrest of the 43 health workers
who were her guests and to whom she herself had just given a medical
lecture.
At Camp Capinpin, the lawyers and relatives arrived around 3:00 pm. The
lawyers were held up entry because the military gate guards said that Maj.
Tabion still had to clear their entry with his superiors. They were eventually
escorted by Lt. Nelmida to the detention center. The lawyers met and
conferred with 38 of the Complainants-Detainees from 3:15 pm to 6:45 pm.
Again, Maj. Tabion was not around and made himself scarce.
Also, Maj. Tabion spread the intrigue and falsehood that detainee Dr.
Montes was able to supposedly sneak in alcohol into the detention center
that is why he fell ill with high blood pressure and had to be taken to the
military hospital for some time; that the Complainants-Detainees were
shouted at with expletives and intimidated when they were being forcibly
asked by Lt. Tabion and Col. Zaragosa around 8:00-9:00 pm the night
before to accomplish without their lawyers a personnel information sheet
which solicited unnecessary information or else they would not be
transferred; how the military doctor Lt. Col. Torrelevega together with nurse
Gamboa made a perfunctory questioning of their state of health without any
actual medical check-up and initially asked them to sign his report but
stopped when the Complainants-Detainees refused without their counsels’
presence. (All the 38 detainees executed and signed today a joint handwritten
statement on these points.)
On the way out, the lawyers asked Lt. Nelmida if they can see the five
segregated detainees. He said he cannot decide on this. The lawyers said then
maybe they can just see them and just wave without saying a word. He said it
was not possible. Lt. Nelmida, however, admitted that the five segregated
detainees where just staying at House 101 immediately outside the gate of
the detention center.