The Philippine National Police (PNP) has asked a regional trial court judge to designate the Rizal Provincial Jail as the detention facility for the so-called Morong 38 instead of its Custodial Center in Camp Crame in Quezon City.

The Morong 38, originally 43 before five of them turned as state witnesses and admitted that they are communist rebels and not community health workers, were arrested in February in a raid in Morong, Rizal. The remaining five were ordered to be under the custody of the military.

In a motion filed before the sala of Judge Amorfina Cerrado-Cezar, of Morong, Rizal Regional Trial Court Branch 77, the PNP leadership, through Superintendent Cesar Magsino, stressed that it should be the Bureau of Jail Management and Penology (BJMP) which should be tasked to take custody of the 38 suspected communist rebels under the law.

"The BJMP is mandated to maintain the custody and safekeeping of any prisoner, any fugitive from justice or person detained awaiting investigation or trial, and or transfer to the National Penitentiary and other institutions in accordance with law," said Magsino, chief of the PNP Custodial Center (PNPCC), quoting a provision of the law.

"The PNPCC limits its functions to take custody of detainees who are only under custodial investigation and not for long term detention and other circumstances," he said.

Magsino argued that pushing for the PNPCC as the detention facility of the Morong 38 will not only go against its main function but will also result in congestion what with its limited facilities.

The argument as to which civilian agency would take custody of the Morong 38 is but one of the two main issues raised by the PNP in questioning the court's earlier decision to commit the 38 suspected rebels to the PNPCC.

Magsino also brought up security issue as another main argument, stating that the Rizal Provincial Jail is the most reasonable area for the Morong 38 to be detained due to its proximity to the Morong court where the charges slapped against them are being heard.

The official said the PNPCC is some 30 kilometers away from Morong court compared to only seven kilometer-travel when they are detained at the Rizal Provincial Jail.

"Given the number of accused, more or less 100 PNP personnel and 20 vehicles will be detailed and dispatched to secure the accused everytime their appearance is required by the court," said Magsino.

"If the 38 accused will be detained at PNPCC in Camp Crame, it is of public knowledge that concerned groups will stage series of demonstrations and rallues within and around the vicinity of Camp Crame to propagate thier causes, thereby, creating serious public disturbance," he said.

They were detained at the military's 2nd Infantry Division camp in Tanay, Rizal but their lawyers and allies insisted that they be taken out of military custody over torture allegations.

The Morong court ruled that the 38 be detained in Camp Crame but the transfer was deferred, until now, after the PNP leadership protested the decision.