‘Morong 43’ generals seek outright dismissal of illegal detention, torture cases

The military and police officials linked to the detention and torture of 43 health workers arrested in Morong, Rizal in 2010 have sought the approval of the Sandiganbayan for a leave of court allowing them to challenge the evidence of the prosecution.

Former 2nd Infantry Division commander Lieutenant General Jorge Segovia, retired Major General Aurelio Baladad, Brigadier General Joselito Reyes, Colonel Cristobal Zaragoza, Police Superintendent Marion Balonglong, Police Superintendent Allan Nobleza, and Major Jovily Cabading collectively filed a motion for leave to file demurrer to evidence before the Seventh Division on January 29.

A demurrer is a motion seeking the outright dismissal of a case due to weak evidence, but a leave of court is needed for them to submit their rebuttal.

Once approved, Segovia and his co-accused said they will prove that the prosecution failed to detail how the health workers — collectively dubbed as "Morong 43" — were put in solitary confinement and denied access to confer with lawyers.

The military and police officials claimed a lawyer for the complainants had gone to see the "Morong 43" at Camp Capinpin in Tanay, Rizal from February 6 to 10, 2010.

"Given the opportunity, the accused will demonstrate that the plaintiff failed to establish that the accused, in conspiracy with one another, knowingly, willfully, and voluntarily obstructed, prevented, or prohibited the complainants' lawyer(s) of choice from conferring with them at the time when the alleged offense supposedly took place," they said.

Segovia and 11 of his co-accused each face eight counts of violation of Section 4(a) of Republic Act 7438, or the Act Defining the Rights of Person Arrested, Detained or Under Custodial Investigation.

The Sandiganbayan started the trial of the case in April last year, when the prosecution presented one of the complainants, Mercy Castro. 

Castro claimed she was allegedly detained and denied access to confer with a legal counsel by Segovia and 11 of his co-accused. She also said in her testimony that the respondents blindfolded and put her in solitary confinement for two days. — MDM, GMA News