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Press Statement THE RUDE INTERRUPTION IS OVER, WE¡ÇLL BUCKLE DOWN TO WORK Today, there may be a cause for some joy and celebration for the progressive human rights advocacy and the militant mass movement, as it scored another victory in the long quest for Freedom and Justice. The TAGAYTAY 5 political prisoners were released yesterday August 28 2008, after being held illegally by government security forces for 28 months on the strength of a court order dated Aug 20, 2008 from the Tagaytay City Regional Trial Court (RTC) Branch 18 presided by the Honorable Judge Edwin G. Larida Jr. This is truly a victory for the mass movement steadfastly campaigning for the release of political prisoners and respect for human rights, using the creative combination of relentless legal advocacy, untiring implementation of metalegal tactics, and widespread solidarity work in the homefront and abroad. Despite the countless limitations, this campaign to free the TAGAYTAY 5 political prisoners decisively thwarted the conspiracy of malice and mischief unleashed by the PNP and the Department of Justice in our 859 day ordeal. The rebellion case against the TAGAYTAY 5 should have been dismissed as early as November 2006, had the DOJ through the Office of the City prosecutor of Tagaytay City not persisted in its legal bamboozling and hoodwink tactics by using the non-criminal act of subversion to prove the criminal charge of rebellion to prolong our unlawful detention so as to convict unarmed militants. The Merlins at the DOJ in collusion with the hoodlums in uniform tried vainly to legitimize classic illegal acts (abduction, torture, arbitrary arrest, unlawful detention, robbery and incriminatory machinations) perpetrated against the TAGAYTAY 5 by charging us with a non-bailable rebellion charge. The DOJ¡Çs malicious tactic of trying to use subversion to prove rebellion smacks of Cold war rabid anti-communism and McCarthyite witch-hunting to cripple legitimate people¡Çs organizations advocating genuine social change. This is GMA¡Çs and the PNP¡Çs ¡Èlegal offensive¡É in aid of the US ¡Èwar on terror¡É which victimizes unarmed militants and activists by blurring the distinction between armed revolutionaries and the unarmed populace. Given the successive legal defeats of the government¡Çs legal Merlins in political cases such as rebellion, it is not far-fetched that the GMA regime will ultimately revive the Anti-Subversion Law or an Internal Security Act in order to crack down on legitimate dissent and criticism. Despite the constricting confines of a police prison, we made our life a little bit bearable by trying to learn new lessons and being productive. The solidarity movement played a crucial role in keeping us updated on what¡Çs happening in the ¡Èoutside world¡É, especially when the court hearings became less often, and when tensions and hardships seemed unsurmountable in those 859 days. Thus we acknowledge profoundly the courageous support of our families; our counsels from the Free Legal Assistance Group (FLAG), the Tañada Law Office and the Chavez Law Office; the organizations of the mass movement in the Southern Tagalog region and their national offices; solidarity networks among the Church people (especially the Tagaytay Religious Association and its member congregations, member churches of the NCCP in the CALABARZON region, and the progressive clergy of the Diocese of Imus, San Pablo and Lipa) and the health sector; support networks abroad; friends and advocates within the bureaucracy and police force; and innumerable friends who prefer to remain anonymous yet strongly supportive in the struggle for Freedom, Justice and genuine democracy. Hopefully after undergoing some post-traumatic stress therapy and thorough medical treatment, we are looking forward to buckling down to work which was rudely interrupted by State agents. There are 26 more political prisoners in Southern Tagalog and more than 200 all over the country, and close to 900 victims of extra-judicial killings still crying out for justice. Indeed there¡Çs a lot of work to be done. And no more room for rude interruptions! FREE ALL POLITICAL PRISONERS!! Riel R. Custodio Axel A. Pinpin Aris Q. Sarmiento August 29, 2008 |
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ÆüËܸìÌõ¡¡Yahoo TAGAYTAY 5 DECRIES DOJ¡ÇS DELAYING TACTICS We, the political prisoners collectively known as the Tagaytay 5, vehemently protest the biased postponement of our bail hearing last July 4, 2008 at the Tagaytay RTC Branch 18 upon the prosecutor¡Çs manifestation that they have to prepare their witnesses. We are outraged by this deliberate dilatory tactic of the City Prosecutor with the conspicuous advice of the PNP lawyer, despite very explicit order from the Honorable Judge Edwin G. Larida, Jr. last June 16, 2008 to give ¡Èutmost priority to this case¡É, and despite the fact that the witnesses for the prosecution were present at the courtroom last July 4. We are extremely dismayed by this unwarranted delay in the presentation of evidence, when the court already ordered at around 9:30 am of July 4, 2008 that the hearing will resume at 1:30 pm after the Prosecutor arrogantly asserted that they are ready with their presentation of witnesses. So dismaying is the fact that by 11:30 am, after two hours of waiting, we were informed that the afternoon hearing is postponed. Even our lawyers were informed of the postponement at around 1:30 pm only. It becomes too obvious then that the City Prosecutor¡Çs assertion of preparedness for the said hearing was just a façade to conceal the fact that they need more time to scrounge for more witnesses and manufacture credible evidences so as to win a conviction, which they failed to achieve after two years and two months of preparation for this ¡Èlegal offensive¡É. It is really outrageous that we the accused, prepared assiduously for this time of reckoning called ¡Èour day in court¡É, only to be derailed by a very flimsy excuse at the very first engagement. We can only suspect that there are more powerful, more ¡Èknowledgeable¡É and more interested forces that are surreptitiously operating to railroad the conviction of the poor, deprived and innocent prisoners. That in order to win this conviction, they need to coach more their witnesses – about the rehashed lies, rehearsed truths, scripted half-truths and half-lies. This is the same Office of the City Prosecutor which prevented the presentation of evidence during the preliminary investigation of the two accused among us; and during several hearings for our motion to quash. And the same prosecutor who was persistently insisting on a speedy arraignment as early as August 2006. This was the same victorious prosecutor who forced us to be arraigned last June 16 - and had all 18 days to prepare his witnesses till our first bail hearing, but ridiculously move for a postponement when ¡Èour day in court¡É came! This is an unwarranted delay in justice! This is judicial oppression! RIEL CUSTODIO AXEL PINPIN ARIS SARMIENTO Political Prisoners Camp Vicente Lim Calamba City, Laguna 4029 Philippines July 6, 2008 |
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ÆüËܸìÌõ¡¡Yahoo BE VIGILANT! ASSERT TRUTH IN THE TAGAYTAY 5 TRIAL! OPPOSE THE PLOT TO CONVICT THE TAGAYTAY 5! After spending 800 days behind bars, we the Tagaytay 5 will finally stand trial for the malicious rebellion charge filed against us by the Philippine Government¡Çs Department of Justice (DOJ) and the Philippine National Police (PNP). Beginning this 4th of July (and all Fridays of July thereafter, i.e. July 11, 18, and 25), the Tagaytay Regional Trial Court Branch 18 presided by the Honorable Judge Edwin G. Larida Jr. will conduct hearings on our PETITION FOR BAIL, after forcing us to be arraigned last 16 June 2008, wherein we pleaded NOT GUILTY. Technically, the bail hearings are meant for the prosecution (DOJ) and our PNP-abductors-complainants to prove that their evidence of guilt is strong to warrant our continued detention even though we are still awaiting trial. For us, our petition for bail is calculated risk to gain even our temporary liberty while this long drawn-out legal battle goes on to its logical conclusion or bitter end. But in essence, the prosecution, in conspiracy with our PNP-abductors-torturers will attempt to demonize the Tagaytay 5 to get a conviction a speedy conviction to send us post haste to the National Penitentiary for a harsh sentence of 40 years imprisonment (or reclusion perpetua in Philippine Penal Code). The prosecution and the PNP will again publicly peddle their pack of lies and life-threatening intrigues. They will again cover up the truth about the case of the Tagaytay 5 in order to get their much awaited judicial victory against ¡Èbomb-wielding communist-terrorist out to destabilize¡É the corrupt and fascist Arroyo regime. They will repeatedly gloss over substantive issues and matters of judicial principles such as the human rights violations committed by government authorities during our abduction, interrogation, incommunicado status, prolonged detention, and delays in the judicial process, in order to consign us to perpetual silence and public oblivion. Despite this evil plot leading to a conviction, we shall rigorously assert the truth and substantive issues that:
On several occasions in the 26-month long pendency of our court case, the police and prosecutors were asked to present their evidence and affidavits. But all the prosecution can show are three joint testimonies packed with lies and half-truths on what really happened on that fateful night of April 28, 2006 full of loopholes, self-serving alibis, pock-marked with hearsays and afterthoughts, and coached assertions. The prosecutors haven¡Çt produced in court any credible evidence to buttress their trumped-up rebellion charge for they have none, and have nothing to hold on to; for it is cardinal rule in criminal proceedings that any illegally obtained evidence is inadmissible in court, and that planting of evidence against any suspect is punishable by law as ¡Èincriminatory machination¡É. Even veteran police investigators of the PNP in CALABARZON headquarters are of the honest opinion that there was an ¡Èimproper manner of arrest and detaining the Tagaytay 5¡É. And further, there is not enough strong evidence to convict us of rebellion or even the lesser offense of illegal possession of firearms. Moreover, the Commission on Human Rights now chaired by Atty. Leila de Lima had reopened our case for violations of human rights and has called the attention of the police and military elements involved in our abduction and prolonged detention without trial. We also take courage and pin our high hopes, just like any poor, deprived and innocent accused in the judicial reforms being undertaken by the Supreme Court led by Chief Justice Reynato S. Puno in providing better access for the poor in the justice system. Still, we cannot be complacent. For this stage may end the long waiting for the Tagaytay 5; and yet this stage can still lead to any of two directions: freedom, or conviction and long-term imprisonment. Hence, we call on all people who cherish and fight for Freedom and Justice to be vigilant, to be ever watchful on the court proceedings so as to thwart any malicious plot to convict the Tagaytay 5 on the basis of flimsy and manufactured evidence, as we beseech the trial court in Tagaytay to dispense justice with the highest regard for truth, fair play and libertarian principles. VIGOROUSLY ASSERT TRUTH IN THE TAGAYTAY 5 TRIAL! OPPOSE THE PLOT TO CONVICT THE TAGAYTAY 5! SUPPORT THE CAMPAIGN TO FREE TAGAYTAY 5! JUSTICE AND FREEDOM TO ALL POLITICAL PRISONERS IN THE PHILIPPINES ! RIEL CUSTODIO AXEL PINPIN ARISTIDES SARMIENTO 03 July 2008 800th Day of our Abduction And Illegal Detention |