Manila RTC denies activist's plea to nullify search warrant
The Manila regional trial court (RTC) has denied the plea to nullify the search warrant it issued against one of the seven activists who were arrested during the celebration of the International Human Rights Day last Dec. 10.
Denied was the motion filed by Joel Demate whose request to suppress the evidence presented against him was also rejected by the trial court.
In a statement, the National Union of People’s Lawyers (NUPL), which is Demate’s counsel, said it will appeal the RTC’s ruling.
“The NUPL will move for the reconsideration of the court order and pursue available legal remedies to vindicate Demate and secure his liberty,” NUPL said.
Demate is one of seven activists who were arrested by police which served the search warrant. He was charged with illegal possession of firearms and explosives. The NUPL alleged that the reported firearms and explosives seized were planted by law enforcement.
Journalist Lady Ann Salem and trade unionist Rodrigo Esparago were also among those arrested last Dec. 10.
However, the Mandaluyong City RTC had nullified the search warrants issued against Salem and Esparago and, in the process, acquitted them of their criminal charges. They had been released.
The NUPL, which also represented Salem and Esparago, said it also raised similar arguments before the Manila RTC in seeking to quash the search warrant and suppress the evidence used against Demate.
“In assailing the validity of the search warrant, Demate asserted that the search warrant was issued against him by Judge Cecilyn Burgos-Villavert, Executive Judge of the Quezon City RTC, without probable cause,” the NUPL said.
“The records of the search warrant proceedings indicate that Judge Villavert failed to propound searching questions to the police witnesses and their informant, and that she granted the application despite glaring inconsistencies in their testimonies,” it added.
It also pointed out that “the warrant is void for being a general warrant, as it failed to describe the laptop and cellphone to be seized from his home with sufficient particularity.”
“As a result, the police embarked in a fishing expedition, seizing any and all gadgets they could find in the house, including his daughter’s laptop computer,” it said.
Thus, it stressed that “the service of the warrant is not really a search and seizure operation, but one of the instances where the police planted evidence to incriminate an activist for fabricated crimes.”