Trial of ex-prosecutor in ‘Morong 43’ case proceeds

Members of “Morong 43” under military custody in this February 2010 file photo

The trial of a former Quezon City prosecutor, who was charged for demanding P80,000 from one of the so-called “Morong 43” in exchange for a favorable resolution, will push through after the Sandiganbayan junked his plea contesting the evidence against him.

In a 33-page resolution dated Oct. 25, the court’s Fourth Division denied Raul Desembrana’s demurrer to evidence for lack of merit, saying it would be best for him to explain himself during a trial to counter the evidence that he believes is weak.

Desembrana was caught red-handed by operatives of the National Bureau of Investigation on Nov. 14, 2014, after he met with Dr. Alexis Montes and his son Dr. Conor Jan, and their lawyer, at a restaurant in Quezon City.

Montes was among the 43 health workers, collectively known as the Morong 43, who had been tagged by soldiers as alleged communist rebels. They were arrested in 2010 in Morong, Rizal, allegedly due to illegal possession of firearms and explosives.

The Morong 43 were ordered released in 2015 by former President Benigno Aquino III, but before their release Desembrana allegedly demanded P80,000 from Montes, through his lawyer Ephraim Cortez of the National Union of Peoples’ Lawyers, in exchange for a draft resolution favoring Montes.

The said amount was allegedly part of the “standard operating procedure” in handing down a resolution.

Cortez sought the help of the Department of Justice back then after his client received a call asking for the money, leading to the entrapment operation and eventual arrest of Desembrana after he was caught red-handed after receiving the marked money—a P4,000 cash placed on top of the “boodle money”—from Montes.This led to Desembrana’s suspension by the Office of the Ombudsman and the filing of direct bribery charges against him at the Sandiganbayan.

Desembrana, in his demurrer filed on Sept. 1, contested the evidence and key witnesses of state prosecutors. He said that the accusations against him of accepting a “gift or present” was “not established,” arguing that the prosecution witnesses were “unreliable” and that the allegations were “based on hearsay.”

READ:  ‘Morong 43’ camp ‘disappointed, frustrated, surprised’ over Sandigan ruling