Seven policemen, including an officer with a rank of Lieutenant Colonel, were demoted for implementing a search warrant issued by a local court on a wrong house in Zamboanga Sibugay last year, the Internal Affairs Service (IAS) disclosed on Wednesday, July 10.
IAS Inspector General Brigido Dulay said their decision was based on the complaint of the house owner who questioned the manner of the search warrant implementation, including the trauma suffered over what was described as a botched operation.
Those punished with one rank demotion include an officer with rank of Lieutenant Colonel and three Police Corporals.
"Let this serve as a reminder to our policemen to be more judicious and circumspect when implementing arrest or search warrants to ensure that the constitutional and civil rights of innocent private citizens are not violated," said Dulay.
The operation was carried out in September last year in Imelda town of Zamboanga Sibugay.
Although a warrant of arrest and search warrant was issued by the Regional Trial Court, Dulay said the policemen erroneously implemented the said warrants in the house of the complainant.
This, according to him, despite clear indication that the house of the person sought to be arrested and searched in the search warrant was in a different location.
"The Supreme Court has repeatedly said that while the power to search and seize is necessary to the public welfare, it must still be exercised and the law enforced without transgressing the constitutional rights of citizens. It is neither fair nor licit to allow police officers to search a place different from that stated in the warrant," Dulay said.
Dulay stressed that policemen have no discretion as to where they search and only the place named or described in the warrant should be searched.
Otherwise, he said the search becomes unreasonable and the personnel involved may be held administratively liable for its wrongful implementation.
“Entering any dwelling not included in a search warrant and against the will of the owner may also constitute the criminal offense of violation of domicile under Article 128 of the Revised Penal Code,” said Dulay.