DOJ dismisses CIDG plea to reverse dismissal of kidnapping case vs Rep. Elago, et al.
Kabataan Party-List Rep. Sarah Elago. Noy Morcoso/INQUIRER.net FILE PHOTO
MANILA, Philippines — The Department of Justice (DOJ) has dismissed the bid of the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) to reverse the dismissal of kidnapping and other criminal charges filed against several progressive leaders led by Kabataan Rep. Sarah Elago for allegedly radicalizing youth activist Alicia Jasper Lucena.
In a resolution dated June 2, PNP-CIDG’s petition for review was denied for failing to comply with Department Circular No. 70 on filing appeals.
Section 12 of Department Circular No.70 series of 2000 provides that “the Secretary of Justice may moto proprio or upon motion, dismiss a petition for review if the procedure or any of the requirements provided therein has not been complied with.”
Section 5 (f) of the same circular requires that the petition should have proof of service of a copy to the adverse party and the prosecution office concerned.
“It is not clear in the instant petition that both respondents-appellees and the Prosecutor General were furnished with a copy thereof. Moreover, complainant-appellant failed to attach a legible duplicate original or certified true copy of the resolution appealed from, in express violation of Paragraph 2 of the said Section 5,” the three-page resolution said.
The resolution stated that “the right to appeal is neither a natural right nor part of due process as it is merely a statutory privilege and maybe exercise only in accordance with the law. The party who seeks to avail of the same must comply with the requirements set forth in the law. Failing to do so, the right to appeal is lost.”
In October last year, the DOJ dismissed the kidnapping and other charges filed against Elago and former Bayan Muna Rep.Neri Colmenares and several others in connection with the case filed by the PNP-CIDG and the parents of Lucena for lack of probable cause.
Aside from kidnapping, Elago, Colmenares, and Anakbayan president Vencer Crisostomo, secretary-general Einstein Recedes, and Anakbayan members Charie del Rosario, Bianca Marie Gacos, Jay Roven Balais, Al Omaga, Shittie Sharine Amerol and Alex Danday were also sued for violation of Anti-Trafficking Laws and Protection of Children for allegedly abducting students they recruited into their groups such as Lucena.
The DOJ also threw out the complaint on the grounds that it violated Republic Act 9851, the Philippine Act against Crimes Against International Humanitarian Law, Genocide, And Other Crimes Against Humanity.
Prosecutors said the allegations are without merit since the complainants failed to provide evidence that Alicia was kidnapped and not allowed to return home.
As a result, the complaint was dismissed for lack of probable cause.
Police claimed that Alicia was a minor when she left home and joined Anakbayan, but prosecutors said there was no evidence that she was under 18. The resolution also took note of the affidavit of Alicia’s parents that there were instances that she comes back home.
The state prosecutors also dismissed the testimony of two former NPA members narrating the alleged modus operandi of youth groups in recruiting members to eventually become full-time members of the communist movement.
“In fact, their allegation that Anakbayan recruits minors to become members of the CPP-NPA-NDF remained unsupported by any evidence and would not suffice to determine the existence of probable cause,” the DOJ said.
“There is also no evidence presented showing that Anakbayan is the recruiting arm of or somehow connected to the CPP-NPA-NDF,” it said.
The DOJ also said the complainants “failed to present any evidence that would connect the respondents to the CPP-NPA-NDF.”
Lucena earlier accused her parents of detaining her twice and in a press conference in August 2018, refuted their claims in a Senate inquiry that she was being held against her will by Anakbayan.
abc
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