Court exempts 3 of ‘Morong 43’ from filing fees in suit vs Arroyo | Inquirer News

Court exempts 3 of ‘Morong 43’ from filing fees in suit vs Arroyo

/ 02:23 PM April 28, 2011

MANILA, Philippines—A Quezon City court has allowed three members of the “Morong 43” who filed a P15-million damage suit against former president Gloria Macapagal-Arroyo to sue as indigents, thus exempting them from paying hefty legal fees.

Judge Ma. Luisa Q. Padilla of Regional Trial Court Branch 226 granted the petition to litigate as indigents filed by Ma. Teresa Quinawayan, Mercy Castro and Reynaldo Macabenta.

The granting of the petition means that the three, who were among six “Morong 43” members who lodged the damage suit against now Pampanga Representative Arroyo and 10 others, can sue without paying court fees.

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Castro and Macabenta are community health workers while Quinawayan is a midwife.

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The three, through the National Union of Peoples’ Lawyers, asked the court to let them sue as indigents.

“After carefully examining plaintiffs’ ex-parte manifestation with omnibus motion, this court resolves to grant the prayer to allow plaintiffs to litigate as indigents, provided however that the legal fees shall be considered as a lieu on the favorable judgment that may
be awarded to plaintiffs, if there be any.”

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The P15 million suit was filed on April 8 by Dr. Merry Mia Clamor, Dr. Alexis Montes, nurse Gary Liberal, Quinawayan, Macabenta and Castro against Arroyo and some military and police officials.

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The 19-page complaint was the first move of the “Morong 43”—a group of health workers detained last year in Morong, Rizal on suspicion of being rebels—against Arroyo.

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Other defendants were ex-national security adviser Norberto Gonzales, former Armed Forces chief Victor Ibrado, former Army chief Delfin Bangit, and former 2nd Infantry Division chief Jorge Segovia; Lieutenant Colonel Cristobal Zaragosa of the 2nd ID in Camp Capinpin, Tanay, Rizal, warden Major Manuel Tabion, Col. Aurelio Balalad, Lieutenant Colonel Jaime Abawag, Supt. Marion Balolong, and Superintendent Allan Nubleza.

The complaint was based on alleged physical, verbal and psychological abuses; the illegal arrest, detention, and violation of their constitutional rights.

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The suit said Arroyo and Gonzales were then in a position to stop the alleged violations as the ex-president was sent several pleas on the workers’ plight.

The health workers were later charged with illegal possession of firearms and explosives.

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Of the 43 health workers, five remain in custody while the rest were freed late last year on orders of President Benigno Aquino.

TAGS: Human rights, Judiciary, Prison

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