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Mandaluyong court junks illegal possession of firearms, explosives raps vs. Salem, Esparago
Mandaluyong court junks illegal possession of firearms, explosives raps vs. Salem, Esparago
By Jel Santos
The Mandaluyong Regional Trial Court (RTC) Branch 209 has dismissed the illegal possession of firearms charges filed against journalist Lady Ann Salem, and labor union organizer Rodrigo Esparago.
The dismissal of the instant charges was ordered by presiding Judge Hon. Monique A. Quisumbing-Ignacio.
Public Interest Law Center (PILC), a non-profit law firm representing the two accused, said the order of the judge declared that the search warrant used to enter their condominium unit is null and void.
“ence the firearms and explosives cannot be used as evidence against Salem and Esparago,” PILC said in a statement.
With this development, the law firm said Salem and Esparago are expected to be released from detention soon.
Lawyer Rachel F. Pastores, managing counsel of PILC, told the Manila Bulletin they received the order of the judge on Friday afternoon (February 5) via email.
“We are very happy with the decision of the judge. This proves that they are innocent,” she said.
In January, PILC moved to quash the search warrant, suppress the evidence, and declare the seized items inadmissible, citing the preposterous circumstances and basis upon which the search warrant was issued.
“Most points in the 30-page motion was sustained by Judge Quisumbing-Ignacio of the Mandaluyong Regional Trial Court Branch 209 in her scrutiny of the records of the case.”
Moreover, the law firm said the decision of Judge Ignacio echoes issues raised by the defense on the material inconsistencies in the application for a search warrant, and protocol and rights violations during the implementation of the issued warrant.
“The warrant issued by Judge Cecilyn Burgos-Villavert was quashed or nullified by Judge Ignacio, with a stern conclusion that there was no probable cause to issue it in the first place,” PILC stressed.
“The dismissal of charges clearly demolishes the Duterte government’s vilification and red-tagging campaign against Human Rights Day 7,” it added.
In December last year, Salem and Esparago were arrested by members of the PNP-CIDG, in an operation they described as a part of the campaign against Illegal possession of firearms and explosives, in her condominium unit at the Tower 3 of the Avida Towers in Mandaluyong City.