The regional trial court (RTC) in Nasugbu, Batangas has dismissed the illegal possession of firearms and explosives filed against a storeowner whom the police and the military labelled as an intelligence officer of the New People’s Army (NPA).
Cleared of the charges was Lamberto M. Asinas when RTC Judge Wilhelmina B. Go Santiago quashed the search warrant issued against him, declared inadmissible the evidence presented in the cases, and ordered his release a year after his arrest.
Judge Santiago granted Asinas’ motion in a pleading filed through the Public Interest Law Center (PILC).
“Accordingly, Search Warrant No. 20-3368 is ordered quashed, all the pieces of evidence obtained by virtue thereof are declared inadmissible in evidence, and the above-captioned cases are dismissed,” Judge Santiago said in her amended order.
Asinas was charged with violating Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act and with illegal possession of explosives under Presidential Decree No. 1866 as amended by RA 8294 and RA 9516.
He was tending his store in Sitio Alas-as Dos in Barangay Bunducan, Nasugbu, Batangas on April 16, 2020 when combined elements of the police and the military who were serving the search warrant reportedly found a .45 caliber pistol, a grenade and pieces of ammunition.
In his motion, Asinas argued that the police secured the search warrant using false testimonies, particularly, the testimony of informant Jojo Castillo who claimed to be a resident of Sitio Alas-as and allowed investigators to use his home in conducting surveillance operations.
“To controvert and prove Castillo’s falsehood, a Certification has been issued by the Local Government unit of Barangay Bunducan, Nasugbu, Batangas attesting to the fact that person named Jojo Castillo lives in the said Barangay, the certification and is also supported by a joint Sinumpaang Salaysay signed by 71 Sitio Alas-as residents stating that no person by the name of Jojo lives there,” the judge said in her order.
“Hence if a deliberate falsehood on matters that are essential or necessary to a showing of probable cause is committed, a trial judge’s finding of probable cause may be set aside. Therefore, this court is compelled to quash Search Warrant No. 20-3368 on the ground of deliberate falsehood committed,” the judge stressed.
PILC hailed the RTC decision. In a statement, it said:
“Police and military intelligence about Asinas, who was falsely tagged as the regional intelligence officer of the New People’s Army, failed legal standards of evidence and constitutional court scrutiny required for search warrants. The Nasugbu court, reviewing records of the warrant application before the executive judge of RTC Sta. Cruz, Laguna Cynthia R. Mariño-Ricablanca, reversed the finding of probable cause.
“The AFP (Armed Forces of the Philippines) and the PNP (Philippine National Police) in Southern Tagalog are losing credibility with these kinds of operations, as the victims and residents resolutely, bravely push back. As long as our clients stand strong, the PILC will stand for them in court just as well.”