The Court of Appeals (CA) stood firm on its decision that upheld the ruling of the Mandaluyong City regional trial court (RTC) which voided the search warrant issued against journalist Lady Ann Salem and union organizer Rodrigo Esparago.

The voided search warrant led the RTC to dismiss the charges of illegal possession of firearms, explosives, and ammunition filed against Salem and Esparago.  

In a resolution, the CA denied the motion for reconsideration filed by the Office of the Solicitor General (OSG).

In a resolution written by Associate Justice Jose Lorenzo R. Dela Rosa, the CA said the OSG failed to raise new arguments that would warrant the reversal of its Jan 27, 2023 decision.

Salem, editor of Manila Today, and Esparago were arrested on Dec.10, 2020, after authorities claimed that they found illegal firearms, grenades and ammunition during a raid at her residence in Mandaluyong City.

The raid was conducted by virtue of a search warrant issued Quezon City Executive Judge Cecilyn Burgos-Villavert.

In February 2021, the trial court voided the issuance of the search warrant and held that the firearms, explosive, and ammunition seized were inadmissible in evidence against Salem and Esparago.

The OSG elevated the case to the CA which affirmed the trial court’s ruling.

In its motion for reconsideration, the OSG said the search warrant was valid “as it satisfied the requirements of specificity” and that it was issued in accordance with the law.

In denying the motion, the CA said the motion “fails to present any new and substantial matter, or any cogent and compelling reason which would justify reconsideration of this Court’s ruling.”

“Let it be emphasized that the filing of a motion for reconsideration does not impose on this Court the obligation to discuss and rule again on the grounds relied upon by petitioner, which were mere reiterations and of the issues previously raised and thorough determined and evaluated in this Court’s decision,” the CA stressed.