Court resets hearing of case regarding Access Device Law

The court reset yesterday the hearing of the motion to quash the search warrant filed by the three people accused of violating the Access Device Law after the prosecution asked the court if it could comment on the motion.

Globe Telecom filed a complaint against Ailyn Cuevas, Anna Marie Litrada, and Elmer Cabarrubias for alleged violation of Republic Act No. 8484 also known as Access Device Regulation Act of 1998.

The three were arrested when the Criminal Investigation and Detection Group raided the DYY Cebu Radio-Marine Coastal Station on Jakosalem St. on July 27 through a search warrant issued by Judge Ireneo Gako Jr.

The respondents, however, moved that the search warrant be quashed, citing that RA 8484 pertains only to credit card fraud, and since they were not involved in such activity, there was no basis for the issuance of the search warrant against them.

They also contented that the search warrants contained at least two addresses for each respondent - which is a violation of the constitutional provision, which states that there must be one "specific address" for the subject of the warrant.

They said that Zenith Telecom and Zeland Telecom were each issued a legislative franchise by the National Telecommunications Commission. Cuevas works for Zenith Telecom while Litrada and Cabarrubias are employed by Zeland Telecom.

"By virtue of these legislative franchises they have the provisional authority to operate as a telecom company," said defense lawyer Jesus Isidro Atoc in an interview.

Yesterday, the defense was supposed to present NTC regional director Danilo Sy to testify that the two companies were legitimate radio telecom companies, said Atoc.

But since the prosecution wanted to comment on the motion to quash the search warrant, the court has moved the hearing for the motion on September 27 after giving the prosecution 15 days to file its comment.