MANILA, Philippines?Despite the dismissal by the Court of Appeals of a petition for the release of the "Morong 43," the Commission on Human Rights said Thursday that it was committed to pursuing the probe into alleged human rights violations committed against the health workers.
In a statement, CHR Chairperson Leila de Lima said her commission would push through with a public inquiry on March 18 that will look into the legality of the arrests of the 43 last February 6 in a rest house in Morong, Rizal.
De Lima also said the body will look into allegations the 43 were being mentally and physically tortured.
?The illegality of the search, arrest and detention referred to in the CA (Court of Appeals) decision? are the same aspects of the case which the CHR will inquire into, as part of mandate to conduct independent investigations,? De Lima said.
De Lima said it was not proper fpr her to comment on the decision of the Court of Appeals dismissing the habeas corpus petition of the 43 health workers issued last Wednesday. ?We will not preempt our own investigation by agreeing or disagreeing with a CA decision that is not final and executory.?
She also said it might be time to reexamine the usefulness of the ?Ilagan Doctrine,? which was invoked by the appellate court in dismissing the habeas corpus petition. The doctrine states that once charges are filed in the courts against any suspect, any petition of habeas corpus would be moot.
?While it is true that courts must adhere to judicial precedents, especially for the purpose of maintaining uniformity of rulings, the same courts are capable of overturning themselves if the current circumstances dictate a change,? she said.
De Lima also said that it was clear to her commission that the search warrant used by the authorities to raid the Morong rest house ?lacks specificity, and this is not denied in both the majority and dissenting opinions (of the Court of Appeals). We will still look into the legality of the warrant. But for every other aspect of the Morong 43 case, we will thoroughly investigate the human rights repercussions of other acts carried out by all government personnel, from the military unit which conducted the search and initial arrest to the public prosecutor who conducted the inquest."