A group of lawyers urged the Department of Justice (DOJ) “to be extra mindful and ensure that no baseless charges are levelled against innocent individuals.”
“Courts are called upon to keep a watchful eye over groundless indictments that lead to ‘repugnant’ arrests and violations of the right to liberty,” the National Union of Peoples' Lawyers said in a statement.
The call was aired after Agusan del Sur Regional Trial Court (RTC) Judge Fernando Fudalan Jr. dismissed last March 25 the kidnapping and serious illegal detention charges against Dr. Natividad “Naty” Castro for, among other issues, the failure of government prosecutors to give her due process.
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.
Several advocacy groups and lawyers’ organizations criticized the arrest of Castro in her home in San Juan City last February 18 by the Philippine National Police (PNP) based on the arrest warrant issued by the RTC.
“The court’s ruling is consistent with law and reason, and vindicates Doc. Naty’s fundamental right to due process,” the NUPL said.
When the magistrate re-examined the case, the NUPL said it became clear to the judge that “Doc. Naty did not receive any subpoena for the preliminary investigation and, hence, was deprived of her right to notice and hearing.”
“The belated addition of her name to the complainants’ supplemental complaint-affidavit, where her supposed participation in the crime of kidnapping and serious illegal detention is not even alleged, makes it more obvious that the charge is patently trumped-up,” it said.
“This practice has emerged as a way of weaponizing the law to silence dissent and repress activism,” it lamented.