An organization of lawyers on Thursday, March 31, lauded the decision of the regional trial court (RTC) of Bayugan, Agusan del Sur to dismiss the charges against Dr. Natividad “Naty” Castro for kidnapping and serious illegal detention.
“The dismissal of Dr. Naty’s case for failure to accord her due process should shine a light on existing practices during preliminary investigation by the Department of Justice and the issuance of warrants by the trial courts,” the Free Legal Assistance (FLAG) said in a statement.
“It should also call attention to extrajudicial efforts to influence the courts by government agents through red-tagging,” it added.
FLAG’s statement was issued after Acting Presiding Judge Fernando R. Fudalan Jr. issued a resolution dated March 25 that dismissed the charges against Castro and ordered her release from the facility of the Bureau of Jail Management and Penology in Agusan del Sur.
Judge Fudalan dismissed the charges as he ruled there was “denial of her substantive right to due process” and “for lack of jurisdiction over the person of the accused.”
“FLAG, through Atty. Fred Asis (its regional coordinator for the CARAGA region) assisted by volunteer lawyers from the region, filed the motion that the court granted,” the statement said.
Castro was one of about 300 accused in the case involving the alleged kidnapping and illegal detention of a member of the Citizen Armed Force Geographical Unit (CAFGU) in December 2018.
She was arrested at her home in San Juan City last Feb. 18 by the Philippine National Police (PNP) based on the arrest warrant issued by the RTC.
“While FLAG is greatly relieved that Dr. Naty is now back at home with her family after being unlawfully arrested and detained for over a month, we remain deeply concerned with the manner by which Dr. Naty was seized from her home and transported incommunicado without assistance of counsel and support from her family,” FLAG said.
Also, it said it is “gravely disturbed at the continuous and systematic red tagging of Dr. Castro by government agents using government funds and resources, which violates her fundamental rights as well as existing laws.”