Newly-installed Justice Secretary Leila de Lima said on Thursday that she would review the “Morong 43” case to determine if there was indeed basis to file the criminal charges against the 43 health workers.

The 43 health workers have been charged before the Regional Trial Court of Morong Rizal with violation of Presidential Decree 1866 as amended by Republic Act 8294 and Republic Act 9516 which imposes penalties for illegal possession of grenades and other explosives and Comelec Resolution No. 8714 in relation to Article 261 (q) of the Election Code which prohibits any person, unless authorized by the Comelec, to carry firearms outside his residence during the election period.

De Lima said the Department of Justice (DoJ) will only touch the charges of illegal possession of firearms and explosives which the department filed against them before the regional trial court and municipal trial court (MTC) in Morong.

“I know that the DoJ though a proseutor who filed the charge against them before the RTC for illegal possession of firearms and explosives. So I will review the records because you know while we are the prosecutors, we have to make sure that we have basis to file charges against them,” she said.

De Lima said the DoJ by motu proprio can still withdraw the information in the absence of probable cause.

“I will do that. I will review. I handled that in the Commission on Human Rights (CHR). I know the background, I know the issues,” she said.

She clarified that she will not touch the issues of the validity of the detention and arrest and habeas corpus.

“Although, I will not touch the issues of validity of the detention and the arrest eh nasa Supreme Court na yan, yung habeas corpus, remember the Court of Appeals dismissed the petition for habeas corpus but its not a unanimous decision, its just a majority, 3 to 2, so nakasalang na sa Supreme Court,” she said.

She said the CHR investigates human rights violations. “As well as the illegal arrest, the illegal detention, denial of counsel and torture, human right violations, alam na alam ko ang mga issues diyan,” she added.

The 43 health workers or the so-called “Morong 43” who were earlier arrested and detained on suspicion that they are members of the of the communist New People’s Army (NPA) will remain in jail after the Court of Appeals junked their petition for a writ of habeas corpus.

Voting 3-2, the CA held that the relatives of the 43 health workers can no longer avail of the privilege of the writ of habeas corpus considering that criminal charges have already been filed against them before the court.

“Once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance of a writ of habeas corpus. 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 in a 19-page decision penned by Senior Associate Justice Portia Alino-Hormachuelos.