DOJ junks criminal case vs cultural worker

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MANILA, Philippines—Citing numerous irregularities committed by authorities, the Department of Justice (DOJ) has granted the two-year old request of cultural worker and poet Ericson Acosta to drop the criminal case filed against him.

“Wherefore, the instant petition for review is hereby granted. The Provincial Prosecutor of Samar is hereby directed to file the appropriate motion to withdraw the information against Ericson Acosta and to report compliance in writing within 5 days from doing so,” the DOJ said in its resolution approved by Justice Undersecretary Francisco Baraan III.

In its 16-page resolution, among the irregularities cited by the DOJ include the fact that the arresting officers failed to immediately bring Acosta to the nearest police station as required under the Revised Rule on Criminal Procedure.

Next, the DOJ noted that while the arresting officers mentioned in their affidavits that they informed Acosta of his constitutional rights, there was no showing that Acosta was allowed to make phone call to either his lawyer or his family.

Also, the DOJ said that there was no proper inventory of the alleged grenade confiscated from Acosta.

“There should have been some record that would document how, where, when and from whom such grenade was taken. In the instant case, however, the grenade seemed to have just been produced out of thin air, so to speak,” the DOJ said.

The DOJ noted that even the complainants did not contradict the allegations raised by Acosta which make it “sufficient to destroy the presumption of regularity upon which the instant criminal complaint is based.”

“Perforce, in the absence of the same, we find that there is no legal basis to hold respondent Acosta liable for the crime charged against him,” the DOJ said.

The National Union of People’s Lawyers (NUPL) welcomes the DOJ ruling saying they are hoping that other political detainees will get their own “well-deserved freedom.”

“We hail the resolution as it finally officially exposed the trumped-up charge against our client who has suffered already a gross injustice. Somehow, it brings some renewed hope again that dogged pursuit of justice and persistent efforts to right a wrong can still be rewarded ultimately,” Atty. Edre Olalia of NUPL said.

“We hope that the many who are politically persecuted, thrown in jail on false or fabricated charges thru legal shortcuts and hocus pocus and made to indefinitely wait in anguish will get their own well deserved freedom,” he added.

Acosta, 40, was arrested in San Jorge Town in Samar in 2011 while conducting human rights research. He was suspected of being a member of the communist movement.

He is facing a case for illegal possession of explosives before the Samar Regional Trial Court.

He is currently at the National Kidney and Transplant Institute in Quezon City. The Samar Court granted him a medical furlough after a medical team from the Public Attorney’s Office confirmed that he was suffering from nephritis, a condition characterized by blood in the urine (hematuria), lower back pains, high fever and painful urination (dysuria).

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  • http://profile.yahoo.com/EISVG3E73H2NYEBBJI2TKYHRUY Common Sense

    Congrats to Ericson Acosta ! 

  • mumbaki ak

    Misleading na naman ang title ng news na ‘to. C’mon.Nagtatrabaho ba talaga ang editor dito?

    • http://profiles.yahoo.com/u/XY4AW6ZJBAPIJ33L7KX6M3IOQI c

       bakit misleading?

      • mumbaki ak

        inayos na ang article at title. di yan kanina.

  • EdgarEdgar

    At the drop of a hat, Noynoy can make DOJ drop a case against any friend or ally. Now that’s swift justice. Swift selective justice that is.

     

  • http://profiles.yahoo.com/u/XY4AW6ZJBAPIJ33L7KX6M3IOQI c

    @edgar, for example, who?

  • http://profile.yahoo.com/MLD4OKCRPD4PLQOEWMYBRELWG4 Cola

    What is the reason for dropping?  Please complete the news.

    • ed_nique

      what was the result of their review? by leaving it hanging PDI opened a gate for confusion and misinterpretation by the readers.

      now, someone is insinuating that the president had a hand in dropping the case. unfortunately, unfortunately, this fellow also did not give a reason why he came up with that conclusion.

      just me though, is this guy related to the acostas of bukidnon?

    • ed_nique

      this is not the original article i reacted to … just making sure that others will not think i did not get the story hehehe

  • disqusted0fu

    This is not news. Everyone expected this to happen. DOJ Sec. being Pnoy’s lapdog, and Acosta being a KKK, what else is new? Of course Acosta’s case will be dropped, that’s part of the perks of being a KKK.

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