A support group for political prisoners and their families on Monday, Sept. 5, lauded the decision of the Court of Appeals (CA) in nullifying two search warrants that led to the arrest, detention, and filing of criminal charges against three human rights activists in 2019.
In a statement, Kapatid said: “We in Kapatid are beyond happy with the CA decision because it is highly significant. It is the latest decision from a higher court no less throwing out another series of search warrants of Quezon City regional trial court (RTC) Executive Judge Cecilyn Villavert as being ‘fruits of a poisonous tree’ due to the obvious ‘irregularities in the application and implementation’ of these warrants.”
Kapatid spokesperson Fides Lim said “the irregularities pointed out by the CA ‘are more than enough to debunk the presumption of regularity of performance of official duties.’”
The CA had voided the two search warrants issued by Judge Villavert and granted the plea of activists Ram Carlo Bautista, Alma Moran, and Reina Mae Nasino to suppress the use of evidence purportedly gathered by law enforcers during the service of the warrants.
Bautista, Moran and Nasino were arrested on Nov. 5, 2019 in Tondo, Manila. Seized in their alleged possession were one hand grenade, a .45 caliber pistol and magazine with live ammunition, a Bushmaster M16 5.56 mm rifle with magazine and live ammunition and several other alleged illegal items.
Criminal cases were filed against them before the Manila RTC for violations of Presidential Decree No. 1866, as amended by Republic Act No. 9516 (An Act Further Amending the Provisions of Presidential Decree No. 1866, as amended, entitled ‘Codifying The Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives or Instruments Used in the Manufacture of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof...) and R.A. 10591 (An Act Providing For A Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations Thereof).
When their pleas to nullify the warrants and suppress the use of the seized items as evidence were denied by the Manila RTC, they elevated the issues to the CA which granted their petition.
In its statement, Kapatid also appealed to the courts “to take a hard look at the inconsistent and incredulous testimonies of police witnesses and likewise dismiss the cases for clearly being trumped up against activists.”
Lim cited the cases of her husband, Vicente Ladlad, 73 years old; Alberto and Virginia Villamor, 68 and 70 years old, respectively, who “have been in jail for nearly four years now since their arrest for planted firearms and explosives on Nov. 8, 2018 and their health is deteriorating amid the Covid-19 pandemic.”