The Regional Trial Court Branch 42 of Bacolod City granted in consolidated cases the Motions to Quash Search Warrant and Suppress Evidence filed by political prisoners Karina Mae De La Cerna, Cherryl Catalogo, John Milton Lozande, Proseso Quiatchon, Albert De La Cerna and Noli Rosales in in Criminal Case No. 19-50517 and 19-50518. All are activist leaders of various civic organizations concerning human rights, workers’ welfare, and cultural & peasant youth.
They were accused of violating the Comprehensive Firearm and Ammunition Regulation Act (RA 10591) despite maintaining that all ammunition and firearms allegedly recovered at the premises of their office are all “planted”.
Subsequently, the six civic leaders were arrested, along with 50 others, after Search Warrants issued by Judge Burgos- Villavert of RTC Quezon City were served by the police at the Office of the Bagong Alyansang Makabayan (BAYAN) in Bacolod City on October 31, 2019, which saw dozens illegally arrested under trumped up charges–one of the most intense crackdowns on progressive groups in the island of Negros. Included in the arrested was Anne Kruger, founder of Paghimutad – Negros Island Alternative Media.
Previously in December 2020, Human Rights Watch Philippines stated they have documented illegal planting of evidence by police in cases of ordinary Filipinos gunned down by police in the government’s ‘drug war’, along with implementing the same actions against political activists that correctly arouse suspicions
The National Union of People’s Lawyers (NUPL) acted as counsel for the accused and questioned the validity of the Search Warrants issued by Judge Burgos- Villavert.
RTC Branch 42 on Search Warrant: ‘An infringement of the constitutional requirement’
In her resolution dated February 18, 2021 and received yesterday March 8, the Hon. Ana Celeste P. Bernad, Acting presiding judge of RTC Branch 42, declared that the decision to quash the Search Warrants was based on the result of the ocular inspection of the place searched conducted on January 29, 2021.
The court takes note of the fact that while the Search Warrants identifies the place as No. 222 Ilang Ilang Street, Brgy. Bata, Bacolod City, said address, however, upon entry, is made of three (3) structures that can be seen inside the compound containing a lot area of 375 square meters.
Hence, the Search Warrant failed to describe the place with particularity for the manifest intention thereof is that the search shall be confined strictly to the place so described.
The court declared that the case constitutes an infringement of the constitutional requirement that a search warrant shall particularly describe the place to be searched as stated under Section 2, Article II of the 1987 Constitution. It further resolved that in view of the violation of the right against unreasonable searches and seizures, any evidence obtained such as the firearms and other materials seized from the premises shall thus be inadmissible for any purpose in any proceeding.
NUPL Panay: Victory for the Rule of Law and Justice
The National Union of People’s Lawyers Panay states that the latest decision of the court has increasing disproved the competence and integrity of Judge Burgos-Villavert who issued the search warrant, along with other similar judges who they say have arbitrarily issued search warrants against prominent activists and members of cause-oriented organizations, overturning any presumption that their search warrants satisfied constitutional requirement of “definiteness”.
Atty Pete Meliza, spokesperson of NUPL Panay, added that the decision is an affirmation of the truth that the accused were unjustly charged and were subjected to repression by the estate forces due to their social advocacies.
Atty. Guillen, the Illonggo lawyer handling the case who was attacked last March 3, 2021 by two unknown assailants, reportedly broke the news to his colleagues online from his hospital bed.
Paghimutad 