Examination of items seized to be allowed

CEBU, Philippines - Regional Trial Court Branch 13 Judge Meinrado Paredes granted the motion filed by the Criminal Investigation and Detection Group to conduct forensic examination of the items seized from the house of one of the two suspects in the abduction and killing of Ellah Joy Pique.

However, Paredes said some of the items seized will be examine in the crime laboratory as the court has no equipment to conduct the examination of the blanket with bloodstains.

He added the items will be examined in the presence of representatives from the CIDG and Bella Ruby Santos, owner of the seized items.

The items retained in court include a USB flash drive, a card reader, a video camera with accessories and tapes and a blanket and a bed sheet both with suspected bloodstains.

Santos also filed her opposition to the motion for partial reconsideration to retain other items seized filed by Renante Pique, the father of Ellah Joy.

Santos said Renante was not a party in the case as it was the CIDG who earlier filed a motion for partial reconsideration to retain the custody of her Mitsubishi Pajero.

Earlier, Renante asked the court to retain some items seized like hair strands, LAN cord, stones, pornographic CDs and waiver which was ordered returned to Santos.

However, Santos cited jurisprudence from the Supreme Court stating “the search warrant may be said to particularly describe the things to be seized when the description expresses a conclusion of fact-not law by which the warrant officer may be guided in making the search and seizure.”

Santos said the LAN cord, stones and hair strands were not included in the search warrant and should not be retained in court.

“This is a very dangerous precedent to uphold and to do so would allow fishing expeditions to run amok as it would leave the things to be taken to the discretion of the executing officer which would run counter to the very purpose of requiring particularity in search warrant,” her opposition read.

Ellah Joy was abducted in Minglanilla then found dead in Barili town last February. (FREEMAN)