The lawyers of arrested and detained Dr. Natividad “Naty” Castro have filed a petition for bail before the regional trial court (RTC) of Bayugan City, Agusan del Sur where she is facing charges of kidnapping and serious illegal detention.
“My colleague who was there earlier accompanied by the CHR, Commission on Human Rights, filed a petition for bail,” lawyer Wilfred Asis, chairman of the Free Legal Assistance Group (FLAG) in Caraga Region, said during an interview on One News Tuesday night, Feb. 21.
“But at this time there is no such order yet (on the petition for bail),” as the court is set to conduct a hearing on the case on March 4, Asis said.
He said Dr. Castro will seek moral damages against those who arrested her. “We will throw the books at them because this is something that has to be shown as illegal, and whatever they did was never justified under the rule of law,” he added.
At the same time, he said the lawyers will also be filing a motion “to ask the court to have her physically and medically examined so that we do away with any assertion on the part of her captors that she is faking her illness.”
“When physically and medically examined by a duly licensed physician, particularly coming from the Department of Health, ... then we would know whether she is really sick or not,” he explained.
He reminded that the law “also allows the hospitalization of persons who have been arrested.”
Asis decried what he alleged as multiple violations committed by the Philippine National Police (PNP) when Dr. Castro was arrested at her home in San Juan City last Feb. 18 based on the arrest warrant issued by the Bayugan City RTC.
He claimed that “when Dr. Naty was arrested in her residence in San Juan no warrant of arrest was shown.”
Also, he alleged that “the arresting so-called officers were not in uniform, they failed to identify themselves, and they were practically acting like criminals themselves.”
He also claimed that Dr. Castro was not informed that there was a preliminary investigation that was conducted by government prosecutors prior the filing of charges before the RTC.
“For all intents and purposes there was no notice. There was violation of the constitutional rights of the accused,” Asis stressed.