MANILA, Philippines ? The Court of Appeals decision dismissing the habeas corpus petition of the 43 health workers will be elevated to the Supreme Court, lawyer Romeo Capulong said.

?We have no other recourse but to elevate the case to the highest court,? lawyers from the National Union of People?s Lawyers (NUPL) and the Public Interest Law Center (PILC), headed by Capulong, said.

?In simply adhering to the outdated Ilagan v. Enrile, a notorious martial law doctrine, the Court of Appeals seriously disregarded the litany of blatant violations of the constitutional rights of these 43 health workers from the time that they were unlawfully arrested and the continued abuse of their basic human rights in the hands of the military,? Capulong said.

?It is clear that the Court of Appeals has not mustered the courage to revisit a doctrine handed down during the Marcos dictatorship and has actually legalized the abuses committed by the military,? he added.

The appeals court, special fifth division, in its decision used as basis the Ilagan v. Enrile decision in denying Morong 43?s petition, which declares that a petition for writ of habeas corpus becomes moot and academic once an information or indictment is filed in court and a warrant of arrest or an order of commitment is issued against the person detained.

?It is high time the Supreme Court reexamine this antiquated doctrine which has served as a tool of the government, the AFP and the PNP to carry out the unlawful warrantless arrest and arbitrary detention of members of progressive organizations,? Capulong said.