The Department of Justice has denied the petition for review filed by the Philippine National Police-Criminal Investigation and Detection Group seeking a reversal of the resolution that dismissed the kidnapping and other criminal charges against several militant leaders led by Kabataan Party-list Rep. Sarah Elago for allegedly radicalizing youth activist Alicia Jasper Lucena.
In a resolution dated June 2, Justice Secretary Menardo Guevarra said his office denied the petition for review for not complying with the requirements, citing Section 12 of Department Circular 70 series of 2000.
Under the department circular, the Justice Secretary may motu proprio or upon motion, dismiss a petition for review, if the procedure or any of the requirements provided therein has not been complied with.
Section 5 (f) of the circular requires that the petition should have a proof of service of a copy to the adverse party and the prosecution office concerned.
“It is not clear in the instant petition that both respondents-appellees and the Prosecutor General were furnished with a copy thereof. Moreover, complainant-appellant failed to attach a legible duplicate original or certified true copy of the resolution appealed from, in express violation of Paragraph 2 of the said Section 5,” the three-page resolution stated.
Guevarra said the right to appeal was neither a natural right nor part of due process as it was merely a statutory privilege and might be exercised only in accordance with the law.
“The party who seeks to avail (itself) of the same must comply with the requirements set forth in the law. Failing to do so, the right to appeal is lost,” he said.
In October last year, the DOJ dismissed the kidnapping and other charges filed against Elago and former Bayan Muna Rep. Neri Colmenares and several others in connection with the case filed by the PNP-CIDG and the parents of Lucena for lack of probable cause.
Aside from kidnapping, Elago, Colmenares, and Anakbayan president Vencer Crisostomo, secretary general Einstein Recedes, and Anakbayan members Charie del Rosario, Bianca Marie Gacos, Jay Roven Balais, Al Omaga, Shittie Sharine Amerol, and Alex Danday were also charged with violation of Anti-Trafficking Laws and Protection of Children for allegedly abducting students they recruited into their groups such as Lucena.
The DOJ also junked the case against the respondents for violation of Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, And Other Crimes Against Humanity.
According to the investigating state prosecutors, the respondents could not be accused of kidnapping or failing to return a minor under Article 270 of the Revised Penal Code since the complainants failed to show that they were entrusted with the care of Lucena.
There is also no evidence presented to show that they deliberately prevented or failed to return her to her home.
As to the case for violation of RA 9851, the state prosecutors said the complainants failed to prove that Anakbayan is an armed force or that the members used children to participate in armed hostilities.
“There is also no evidence presented showing that Anakbayan is the recruiting arm of or somehow connected to the CPP-NPA-NDF,” the October 2020 resolution said.
The DOJ also said the complainants “failed to present any evidence that would connect the respondents to the CPP-NPA-NDF.”
While the cases were being heard by the DOJ, Lucena’s parents also filed petitions for the issuance of writs of amparo and habeas corpus before the Supreme Court but the High Court junked the plea for lack of merit and for asking the wrong remedy.
Lucena’s parents claimed Anakbayan brainwashed their daughter into joining their organization, saying she could not have given her consent since she was not yet 18 years old at the time.
However, the SC said Lucena was not missing and her whereabouts were determinable with the Anakbayan and its officers and that the writ of habeas corpus is only proper in cases of illegal detention or confinement, which is not present in Lucena’s case.
Lucena previously accused her parents of detaining her twice and in a press conference in August 2018 refuted their claims in a Senate inquiry that she was being held against her will by Anakbayan.