The Court of Appeals has nullified the search warrants issued by a Quezon City Regional Trial Court judge that led to the arrest and filing of illegal possession of firearms, ammunition and explosives against three human rights activists—Reina Mae Casino, Ram Carlo Bautista, and Alma Moran.
The appellate court made the move even as the CA reminded trial courts of its duty to protect the people’s right against illegal searches and seizure.
In a 26-page decision penned by Associate Justice Emily San Gaspar-Gito, the CA’s Twelfth Division also held that all the evidence seized during the implementation of the search warrants cannot be used to prosecute Casino and her companions.
“Search warrants No. 5944 (19) and 5945 (19) are declared void for failure to meet the standards of a valid search warrant, and all evidence procured by virtue thereof are deemed inadmissible,” the CA said.
Casino, who was then pregnant, was arrested along with Bautista and Moran on November 5, 2019 at the Bayan-Manila office in Tondo after QC Executive Judge Cecilyn Burgos-Villavert of RTC Branch 89 issued the search warrants.
Police said the search yielded one hand grenade, a .45 caliber pistol and magazine with live ammunition, a Bushmaster M16 5.56mm rifle with magazine and live ammunition and several other illegal items.
Subsequently, criminal cases were filed against the three before Manila RTC Judge Marivic Balisi-Umali for illegal possession of firearms and ammunition.
While in detention and at the height of the COVID-19 pandemic, Casino gave birth to a baby girl on July 1, 2020, who was turned over to her mother for care after a month.
The three petitioners have denied the charges against them and claimed they were arrested without a warrant.
The petitioners said Judge Umali committed grave abuse of discretion in issuing the orders.
In its ruling, the appellate court agreed with the petitioners, declaring that “such grave abuse of discretion is present in the assailed act,” adding that there were irregularities in the application and implementation of the search warrants.
The CA said the documents forming part of the record of the application for the search warrants revealed three different addresses in Sampaloc and Tondo Manila.
“These apparent irregularities in the application and implementation of the subject search warrants are more than enough to debunk the presumption of regularity of performance of official duties,” the appellate court said.
The CA said the petitioners repeatedly requested for the record of the application for the search warrants in order for them to be able to question their validity but their requests were only acted upon when they filed the present petition.
“This is obviously prejudicial to them as they failed to fully argue on the merits of the motions before the respondent Judge. At the same time, there was no concrete basis for the respondent Judge to arrive at the denial of their motions,” the appellate court added.
