CEBU, Philippines - The owner of the Pajero, which was the subject of a search warrant in connection with the abduction and death of Ellah Joy Pique, has filed a motion to quash the warrant and for the return of the items seized from her house.
Chloe Santos, of Barangay Inayagan, Naga City, Cebu, claimed that the search warrant must be declared null and void since the police did not follow the rules of the warrant.
Rule 126, Section 8 of Article 130 of the Revised Penal Code provides that “no search of a house, room, or any other premises shall be made except in the presence of the occupant.”
Santos said on March 4 at around 10 p.m. the police searched her house and seized the items listed in the search warrant without the presence of the occupant or any member of her family.
The search warrant was issued based on the application of Chief Insp. Fermin Armendarez III, based on “personal knowledge” as attested to by his public witnesses SPO2 Willard Selibio and PO3 Angelito Yaun.
Santos claimed the transcript of the application for the search warrant clearly shows that their information came from private witnesses Richard Ian Bruce Bansuan and Ligaya Escultos who issued a joint-affidavit.
Bansuan and Escultos said they saw Ellah Joy’s body being dumped in Barili.
“The applicant and his public witnesses do not have any personal knowledge on the matter. Everything they knew connecting the motor vehicle with the crime under investigation came from the private witnesses who were never presented personally before the court,” Santos said.
Santos said the search warrant issued was based on hearsay.Ellah Joy was abducted from her school in Minglanilla last Feb. 8 and found dead the following day in Barili.
Meanwhile, Task Force Ellah Joy spokesman Patrocinio Comendador said they are convinced they are on the right track as far as the investigation is concerned. — Mylen P. Manto, and Mellanie C. Rosales /BRP