Arroyo seeks dismissal of ‘Morong 43’ damage suit

Former President Gloria Macapagal-Arroyo

Former President Gloria Macapagal-Arroyo has asked a Quezon City court to dismiss the P15-million damage suit filed against her by health workers who were arrested by the military during her term and who were dubbed the “Morong 43.”

Citing the complainants’ failure to state a cause of action for the civil suit filed in April 2011, the now Pampanga lawmaker pointed out her name was not even on any of the plaintiffs’ affidavits.

No allegation of bad faith “(It) does not contain any allegation of bad faith, malice or gross negligence on the part of defendant, in order to create at least any reasonable connection between defendant’s being president and the damage allegedly suffered by the plaintiffs, as to make defendant accountable for the damage purportedly afflicted,” Arroyo said in her motion to dismiss filed late last year in the court of QC Judge Ma. Luisa Q. Padilla.

Most of the 43 health workers sued Arroyo and 10 other government officials for their alleged illegal detention on suspicion of being communist rebels. They were freed after President Benigno Aquino III assumed office.

In her eight-page motion to dismiss, Arroyo through her lawyers said the plaintiffs could not just sue her based on her past position as president or her alleged failure to stop any supposed abuses.

Arroyo said the matter being complained of by the health workers, which was her alleged failure to stop human rights abuses, was “a duty owed to the people in general and not to anyone in particular.”

Arroyo said the case against her was a “suit against the state.”

She said the complainants were protesting the government’s national security plan and it was only “incidental” that she was the president when the plaintiffs may have suffered the damages.

Arroyo also cited the Administrative Code, which states that a public officer cannot be held civilly liable for his acts unless there is a “clear showing of bad faith, malice or gross negligence.”

The Morong 43, however, countered that they had adequately stated the cause of action in their suit against Arroyo and the implementation of the national security plan was with her knowledge.

Part of ‘Bantay Laya’

They said the damages they suffered were a consequence of their illegal detention and torture as part of the implementation of the military’s Oplan Bantay Laya, which the former president had knowledge of.

“It cannot be denied that acquiescence or inducing/directing others to illegally arrest, detain and torture others, constitutes bad faith and knowledge,” read the plaintiffs’ opposition dated January 16.

The opposition was filed through the plaintiffs’ counsel, the National Union of People’s Lawyers (NUPL), in response to Arroyo’s motion to dismiss.

The NUPL asked the court to dismiss the defendant’s pleading for being bereft of merit.

In their opposition, the Morong 43 said that while Arroyo was not physically present when the alleged illegal acts were committed, she was aware of such acts and “she failed to stop such violations.”

“Obviously, these are factual allegations that have to be established by evidence and cannot be resolved by a mere motion to dismiss,” the pleading read.

As for Arroyo’s argument that as a public officer she could not be held civilly liable, the Morong 43 claimed otherwise.