Nothing illegal on arrest of NDFP consultant—Palace

Presidential Spokesperson Harry Roque TOTO LOZANO / PRESIDENTIAL PHOTO

There was nothing illegal on the rearrest of National Democratic Front of the Philippines (NDFP) consultant Rafael Baylosis, Malacañang said on Thursday.

Presidential Spokesperson Harry Roque said the National Democratic Front (NDF) cannot invoke the Joint Agreement on Safety and Immunity Guarantees (JASIG) since the peace talks with the communist rebels is not in effect.

Roque justified the arrest of Baylosis and his companion Guillermo Roque.

“Dahil kapag hindi naman inaresto (and if we don’t make the arrest), it will be dereliction of duty,” he said in a televised press briefing in Baguio City.

Baylosis, who was granted temporarily bail to join the peace talks, was arrested on Wednesday at the corner of Aurora Boulevard and Katipunan Avenue in Quezon City.

READ: NDF consultant arrested – Karapatan

The arrest of the two consultants came after Duterte terminated the peace talks in November 2017 with the communist rebels.

NDF National Executive Committee member Luis Jalandoni said the arrest and detention of consultant Baylosis and Roque was a “flagrant violation” of the JASIG.

But the Palace spokesperson explained that the JASIG is currently not in effect with the termination of peace talks.

“Wala namang saysay ang JASIG ngayon dahil wala nang peace talks. Bakit sila nagja- JASIG – JASIG ngayon (JASIG is useless as of this moment because there is no peace talks. Why are they insisting JASIG now)?” he said.

“Pangalawa, anong pagba-violate sa CAHRIHL, eh inaresto. Ang CAHRIHL po—human rights and humanitarian law. Kung may kaso yung tao, kung may warrant of arrest o kung ‘di naman kaya may basehan para mag-warrantless arrest, ay dapat arestuhin talaga,” he added.

(Secondly, what violation of CAHRIHL [Comprehensive Agreement on Human Rights and International Humanitarian Law] since it was an arrest. If a person has a case, if there is a warrant of arrest or there is a basis for a warrantless arrest, an arrest should be done.)

The Palace official said the arrested consultants could file a habeas corpus if they believe their arrest was illegal.

“So, kung tingin nila iligal iyong pagkakaaresto other than on the basis of JASIG, ay ‘di mag-file sila ng habeas corpus – wala namang martial law sa Luzon,” he said.

(So, if they think the arrest was illegal, other than the basis of JASIG, they should file a habeas corpus since there is no martial law in Luzon.) /jpv