Voting 3-2, a special division of five justices of the Court of Appeals (CA) denied the issuance of writ of habeas corpus for the 43 health workers who were arrested and detained on suspicion that they are members of the communist New People’s Army (NPA).

The so-called “Morong 43” – which include two doctors, a nurse and midwife – were apprehended during what the military claimed a bomb-making workshop in Morong, Rizal last February 6. They are currently detained at Camp Capinpin in Tanay, Rizal.

In a 20-page decision penned by Senior Associate Justice Portia Aliño Hormachelos, the CA held that the detainees can no longer avail of the privilege of writ of habeas corpus as criminal charges have already been filed against them before the court.

Associate Justices Magdangal de Leon and Sesinando Villion concurred in with the decision, while Associate Justices Normandie Pizarro and Francisco Acosta dissented.

The appellate court noted that the health workers have already been charged with illegal possession of firearms, ammunition, and explosives before the Morong Regional Trial Court.

“Once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance4 of a writ of habeas corpus,” the CA pointed out.

“The privilege of the writ of habeas corpus shall not be allowed after the party sought to be released had been charged before any court,” the CA said.

Last February 11, the Supreme Court (SC) issued a writ of habeas corpus demanding the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to bring the “Morong 43” before the CA.