Andrea Rosal asks court to dismiss charges

Erwin Rosales, one of the witnesses against Rosal, was the same witness used by the military against security guard Rolly Panesa who was eventually ordered released by the Court of Appeals after finding inconsistencies in the statements of the military.

By JANESS ANN J. ELLAO
Bulatlat.com

MANILA — Andrea Rosal, through her lawyers, urged the Pasig City Regional Trial Court Branch 266 to dismiss the charges filed against her.

On April 2, 2014, Rosal filed a motion to dismiss the case, along with her urgent motion for hospital confinement, before the Mauban Regional Trial Court Branch 64. The said court, however, opted not rule on the motion and, instead, citing a Supreme Court resolution, transferred the case to the Pasig City Regional Trial Court

On May 15, 2014, the Pasig City Regional Trial Court Branch 266 “directed the prosecution to file its comment on the Motion to Dismiss within 10 days from the said date or until May 25, 2014. Defense Counsel was given five days from receipt of the comment to file a reply, if necessary, after which the Motion to Dismiss Information is considered for resolution.”

(Photo by Ronalyn V. Olea / Bulatlat.com)
(Photo by Ronalyn V. Olea / Bulatlat.com)

“To date after the lapse of more than thirty days, the prosecution has not filed its Comment/Opposition to the Motion to Dismiss Information and hence, should already be deemed to have waived its right to do so,” the petition read.

The prosecution, during the hearing on June 25, 2014, cited “heavy work load” for its failure to file comment on the motion. Judge Toribio Ilao Jr. gave the prosecution10 days to comment on the motion and the defense five days from the receipt of the comment to file a reply if necessary.

Rosal’s lawyer Maria Kristina Conti of the National Union of Peoples’ Lawyers told Bulatlat.com said it is their “fair last chance to at least refute our very strong argument.”

“We expect the prosecution to come up with flimsy excuses because the grounds we use are from the evidences they presented themselves,” Conti said.

Conti added that the witnesses, in their respective statements, did not mention that Rosal committed or contributed to the kidnapping and murder charges, which allegedly happened on May 27, 2007.

Human rights group Karapatan has earlier called for Rosal’s release. The charges against her, the group said, is “based on false charges and on the testimony of a ‘professional witness’ who goes from court to court peddling lies being fed by the Armed Forces of the Philippines to justify the detention of suspected ‘enemies of the state.’”

Erwin Rosales, one of the witnesses against Rosal, was the same witness used by the military against security guard Rolly Panesa. Panesa was tortured and detained for 11 months by the military who claimed that he is a high-ranking official of the Communist Party of the Philippines. The Court of Appeals, citing inconsistencies in the statements by the military, ruled that it was a case of mistaken identity and ordered Panesa’s release.

Rosal is the daughter of the late spokesperson of the Communist Party of the Philippines Gregorio “Ka Roger” Rosal. She was seven months pregnant when she was arrested on Mar. 27, 2014. She was detained at Camp Bagong Diwa, where, she told the media, she was deprived of needed medical attention.

Rosal gave birth to Diona Andrea on May 17, 2014. The baby, however, died the following day due to lack of oxygen in the blood.

On June 4, still recuperating from giving birth, Rosal was forcibly transferred back from Philippine General Hospital to Camp Bagong Diwa.

Conti said Rosal is “hopeful and optimistic that justice will be served despite our long experience to the contrary.” ()

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