Political prisoners’ release sought
The Manila RTC said ‘the existence of danger is never a justification for courts to tamper with the fundamental rights expressly granted by the Constitution.’
Supporters of political prisoners have expressed hope of their release following a Manila Regional Trial Court decision dismissing a 2018 Department of Justice petition to declare the Communist Party of the Philippines and its armed wing the New People’s Army as terror organizations.
“The decision should pave the way for the speedier release of political prisoners charged with trumped-up cases, which like the proscription petition have no leg to stand on because of unfounded and brittle evidence,” the group Kapatid said.
It pointed out that the original proscription petition included political prisoners identified with the National Democratic Front of the Philippines, the legal arm of the CPP that participated in peace talks with the government.
In a 135-page resolution, Branch 19 Judge Marlo Magdoza-Malagar said “the existence of danger is never a justification for courts to tamper with the fundamental rights expressly granted by the Constitution.”
“These rights are immutable, inflexible, yielding to no pressure of convenience, expediency, or the so-called “judicial statesmanship,” said the court, adding that armed struggle is only a means in support of the CPP’s purpose.
It said the armed struggle was not the “purpose” why the CPP was created.
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