Reina Nasino seeks dismissal of judge who ordered her separated from baby

Detained activist Reina Mae Nasino, through her lawyers, on Friday asked the Supreme Court (SC) to dismiss the Manila trial court judge who had ordered her "premature separation" from her now-deceased child.

In a complaint filed before the SC's Judicial Integrity Board, Nasino's lawyers accused Judge Marivic Balisi-Umali of gross ignorance of the law, gross misconduct, and bias against Nasino because of her orders that they said illegally stripped the detainee of the chance to breastfeed her baby, River.

River died of pneumonia last October at three months old, less than two months after being separated from her mother.

Aside from Umali's dismissal, the National Union of Peoples' Lawyers (NUPL) sought the forfeiture of the judge's retirement benefits.

Umali handled the illegal possession of firearms and explosives case against Nasino and two other activists before she inhibited last August. The case is now with another judge in Manila.

In the 49-page complaint, the NUPL said Umali disregarded breastfeeding laws and international standards on the treatment of female prisoners when she "chose to accept [the] excuses" of the Manila City Jail Female Dormitory warden that the jail has no facility for newborn babies.

Nasino's lawyers had asserted her right to breastfeed River and stay with her until the baby turned a year old considering she was born jaundiced and of low weight.

The judge rejected their motion, and on August 13, Nasino turned over her firstborn to her family.

The Bureau of Jail Management and Penology policy is to allow female detainees to stay with their newborn child for up to one month unless a qualified medical personnel recommends they stay together for longer.

The NUPL argued that Umali's orders merely restated the claims of Ignacia Monteron, the jail warden, without citing any legal basis nor explaining why those "should prevail over the positive mandate of applicable laws."

"Instead of directing Monteron to find a way to comply with the Bangkok Rules and domestic laws respecting the best interests of a newborn infant, the respondent judge chose to accept her excuses," the lawyers said. 

"The premature separation of baby River from the complainant was clearly not in her best interest. In fact, it is cruel, heartless, and serves no purpose, especially amid a pandemic, when the complainant’s breastmilk would have provided baby River her much-needed protection from life-threatening diseases," they added.

As a result of the judge's orders, Nasino, a first-time mom, was also deprived of the positive effects of breastfeeding to postpartum women, the NUPL said.

"The respondent judge acted with conscious indifference to the rights of the complainant and her co-accused. Now, the complainant is bereft of a child," they said.

In addition, the NUPL said Umali also showed bias and prejudice against Nasino and her fellow activists when she "denied them access to search warrant records, falsely ascribed a prejudicial admission to one of the accused, and wrongly accused the defense counsels of falsehood."

Nasino, Ram Carlo Bautista, and Almo Moran were arrested last year when police allegedly seized firearms and explosives from them during the implementation of a search warrant. They said the firearms and explosives were planted.

The three were initially detained at Camp Crame and then transferred to the Manila City Jail last February 2020. Nasino only learned she was pregnant during a medical checkup before she was brought to the city jail.

Her lawyers said this was the only time Nasino was seen by a government doctor during her entire pregnancy. She received no other prenatal care other than a daily folic acid supplement and one ultrasound, they said.  —KBK, GMA News