THE regional trial court of Bayugan City in Agusan del Sur has reinstated the kidnapping and serious illegal detention charges filed by the government against health worker and activist Dr. Maria Natividad “Naty” Castro who authorities have accused of being a member of the Communist Party of the Philippines.
In a June 16 order, Executive Judge Ferdinand Villanueva of Branch 7 of the Bayugan City regional trial court granted the appeal filed by the prosecution seeking reconsideration of the dismissal of the charges against Castro, which was issued by the previous judge handling the case, RTC Branch 7 acting presiding judge Fernando Fudalan Jr.
Fudalan in an order dated March 25, 2022 dismissed the charges against Castro saying her right to due process was denied and that the court lacked jurisdiction over the accused.
Villanueva, in his order, held that the accused was accorded due process, pointing out that a preliminary investigation was conducted by the prosecution and a summon was issued to her, though not served.
Villanueva also said that the court had acquired jurisdiction over her as she was apprehended by virtue of a valid warrant of arrest.
“Upon personal review/re-evaluation of the evidence on records, including the affidavits of the victim, witnesses and the prosecution’s resolution in the conduct of preliminary investigation and considering the totality of the evidence on records, this Court finds probable cause for the second time to issue a warrant of arrest. The first finding of this court that there is probable cause is reinstated,” Villanueva ruled.
“Wherefore, the motion for reconsideration is granted. The resolution dated March 22 is hereby vacated and set aside. Let an e-warrant of arrest be issued against accused Dr. Maria Natividad Castro,” he added.
Villanueva also said that double jeopardy will not apply on the case as Castro has yet to be arraigned.
The 53-year-old Castro was arrested by the police in her residence in San Juan city on February 18 this year based on a warrant of arrest for kidnapping issued by the Bayugan court in 2020.
