Court junks case vs. Dr. Naty Castro, orders her release

A regional trial court has dismissed the kidnapping and serious illegal detention case against Dr. Natividad "Naty" Castro and ordered authorities to release her from detention.

In the March 25 decision, the Bayugan City Region Trial Court Branch 7 dismissed the case on the grounds of denial of Castro's rights to due process and its lack of jurisdiction over her.

“Without the probable cause, the court did not acquire jurisdiction over the accused, which warrants the dismissal of the case,” the decision read.

“With the dismissal of the case, the custodian of the accused, BJMP Agusan del Sur, is ordered to release immediately accused Dra. Natividad Castro from detention upon receipt of this resolution unless her continued detention is justified for some other lawful cause,” it added.

The court also reassessed the preliminary investigation on the case against Castro, saying the original and supplemental complaint-affidavits and affidavits of the witness are deficient of allegations establishing the identity and participation of Castro in the supposed abduction and illegal detention.

Regarding the supplemental complaint-affidavits, the court said that the names of the respondents, including Castro’s, appeared to have simply been added without allegations to support the filing of a supplemental complaint.

The court also said the rogues' gallery, where the victim based his identification of Castro, was not submitted together with the information.

Violation of due process

The court also found that Castro’s constitutional right to due process was violated after she was not furnished a copy of the complaint affidavit and its attachments during the preliminary investigation.

“All the necessary measures must be taken to guarantee procedural due process throughout all stages of a criminal prosecution-from the inception of custodial investigation until rendition of judgement,” the court’s resolution read.

The court said issuance of subpoena directing the respondent to submit evidence is the most important aspect of the preliminary investigation that safeguards the right to due process.

“No amount of reason, like what the prosecution raised that respondent is an NPA member and have no permanent address, would ever justify its non-issuance,” it stated.

“A preliminary investigation without a subpoena being issued to the respondent is offensive to due process. Either intentional or a product of omission, the same produces a serious effect repugnant to respondent’s right to liberty,” it added.

Castro's family said on Thursday that she was released from detention on Wednesday.

In a statement, the family said Castro, who is being linked to communist rebels by the police and military, was no longer in Mindanao.

"Our family, with the help of friends, were successful in getting her out of Mindanao immediately. It was a tiring day, which culminated to us finally meeting her late in the evening," the family said.

Castro was taken into custody by police and military intelligence operatives in San Juan City on February 18 on the basis of a warrant of arrest issued by acting Presiding Judge Fernando Fudalan of the Bayugan RTC Branch 7.

The Philippine National Police (PNP) has accused Castro of being a ranking member of the Communist Party of the Philippines and facing kidnapping and serious illegal detention charges.

She was flown to Bayugan City and brought to the city’s police station. The Bayugan RTC Branch 7 ordered her transfer to Agusan del Sur Provincial Jail.

In a statement, the PNP said it is open to using legal remedies for the court to reconsider the decision.

“The PNP reserves the right to seek further legal remedies that may convince the Court to reconsider,” it said.

“[W]e find this learning experience as another opportunity to further strengthen police systems and procedures to address organizational weaknesses and institutional dysfunctions as an integral component of the criminal justice system,” it added.

'Debunked fabricated case'

In a separate statement, Gabriela Women’s Party welcomed the dismissal of the charges against Castro, saying she was arrested "based on a defective warrant, and was red-tagged for merely dedicating her work to far-flung communities especially in Mindanao."

According to the group, the dismissal of the charges against Castro only adds to the "growing list of debunked fabricated cases assembled by the Duterte regime against activists and human rights workers."

"We hope that the trumped-up charges against other political prisoners will also be dismissed," Gabriela said.

‘Baseless’ attacks, red-tagged

Human rights groups welcomed the release of Castro, saying that it proved the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC)’s “malicious and baseless” statements against the red-tagged community doctors are all “lies.”

“She has been denied due process when she was arbitrarily arrested and imprisoned — and this has been acknowledged by the court. This proves that the NTF-ELCAC’s malicious and baseless statements against our red-tagged colleague and community doctor are all lies,” human rights group Karapatan Secretary General Cristina Palabay said in a statement.

“We extend our hugs of solidarity to Doc Naty and her family, as we enjoin her to continue doing her work as a community health and human rights worker and to exact justice and accountability from those who violated her rights,” she added.

GMA News Online sought comment from NTF-ELCAC spokesperson Lorraine Marie Badoy but has not yet replied as of posting time.

Meanwhile, the Free Legal Assistance Group (FLAG) also expressed concern in the continuous red-tagging against Castro by the government agents using the government funds and resources, noting that it violates her fundamental rights as well as existing laws.

“The dismissal of Dr. Naty’s case for failure to accord her due process should shine a light on existing practices during preliminary investigation by the Department of Justice and the issuance of warrants by the trial courts,” the human rights lawyers said.

“It should also call attention to extrajudicial efforts to influence the courts by government agents through red-tagging,” they added.

Castro's family said that she now needs some rest with her loved ones.

"This is a continuing saga still, and we hope for the safety of Naty.  For now, Naty has to rest with family and trusted friends, and consolidate her thoughts after the harrowing experience," the family said. 

Attacks baseless

Human rights groups also welcomed the release of Castro, saying that it proved the National Task Force to End Local Communist Armed Conflict's (NTF-ELCAC) “malicious and baseless” statements against the red-tagged community doctors are all “lies.”

“She has been denied due process when she was arbitrarily arrested and imprisoned—and this has been acknowledged by the court. This proves that the NTF-ELCAC’s malicious and baseless statements against our red-tagged colleague and community doctor are all lies,” human rights group Karapatan secretary general Cristina Palabay said in a statement.

“We extend our hugs of solidarity to Doc Naty and her family, as we enjoin her to continue doing her work as a community health and human rights worker and to exact justice and accountability from those who violated her rights,” she added.

GMA News Online has sought comment from NTF-ELCAC spokesperson Lorraine Marie Badoy.

Meanwhile, the Free Legal Assistance Group (FLAG) also expressed concern over the continuous red-tagging against Castro by government agents using the government funds and resources, noting that it violates her fundamental rights as well as existing laws.

“The dismissal of Dr. Naty’s case for failure to accord her due process should shine a light on existing practices during preliminary investigation by the Department of Justice and the issuance of warrants by the trial courts,” the human rights lawyers said.

“It should also call attention to extrajudicial efforts to influence the courts by government agents through red-tagging,” they added.—with Anna Felicia Bajo/ Richa Noriega/KBK/LDF/BM/NB, GMA News