Answer ‘Morong 43’ suit, Arroyo told
A Quezon City court has ordered former President Gloria Macapagal-Arroyo to answer the P15-million suit filed by the so-called “Morong 43,” whom the military had suspected of being members of the New People’s Army (NPA).
Arroyo and other military officials have been summoned to answer the civil complaint filed against them by health workers who claimed to have been wrongfully detained last year after they were arrested while attending a seminar in a private resort in Morong, Rizal.
The Morong 43 filed the complaint in April this year before Judge Ma. Luisa Quijano-Padilla of Regional Trial Court Branch 226.
In an order dated September 30, Padilla denied the application of Morong 43 for a writ of preliminary attachment to hold the defendants’ assets worth P15 million.
But the plaintiffs’ counsel, led by lawyer Edre Olalia of the National Union of People’s Lawyers, only received a copy of the order from the court on Monday.
It was learned that the court mailed a copy to the plaintiffs on October 18 but this had not yet arrived.
Padilla, however, ordered Arroyo and the 10 other defendants to answer the damage suit against them.
Olalia welcomed the court’s order requiring Arroyo and her codefendants to finally answer the charges.
8 months ago
“It has been eight months since we filed this case and now they will be finally summoned… What our clients want is for this case to move forward,” he told reporters.
Aside from Arroyo, the other defendants are former National Security Adviser Norberto Gonzales, former Armed Forces Chief of Staff Gen. Victor Ibrado, former Army chief Maj. Gen. Delfin Bangit, former 2nd Infantry Division chief Maj. Gen. Jorge Segovia, Col. Victorino Zaragosa, Maj. Manuel Tabion, Col. Aurelio Baladlad, Lt. Col. Jaime Abawag, Supt. Marion Balolong and Supt. Allan Nubleza.
The P15-million damage suit was filed on April 8 by Dr. Merry Mia Clamor, Dr. Alexis Montes, nurse Gary Liberal, Ma. Teresa Quinawayan, Reynaldo Macabenta and Mercy Castro.
They were part of the Morong 43 who were detained last year during the administration of Arroyo on suspicion of being communist rebels. They were freed later by President Aquino.
In June, the health workers asked the court to issue a writ of preliminary attachment to freeze P15 million worth of properties of the defendants until the court resolves the case.
This was however junked by Padilla for lack of merit.
In the order, she pointed out that the writ of attachment was “harsh, extraordinary and summary in nature.”
“While this court is well aware that plaintiffs’ burden of showing the defendants’ state of mind is difficult under the circumstances, still, mere suspicion that there is a possibility of flight by the defendants to avoid any liability without more, is not sufficient for a writ of preliminary attachment to issue,” the order read.
The court added that the health workers failed to convince the court that Arroyo et al. were about to leave the country “to defraud their creditors.”
