Lawyers to challenge arrest: Cops warrant ‘null and void’

CEBU, Philippines — The lawyers of San Francisco, Camotes Mayor Aly Arquillano and Vice Mayor Alfredo Arquillano, Jr. who were arrested for illegal possession of firearms are questioning the legality of the search warrant and pointed out alleged irregularity of its service.

Last April 4, police recovered firearms, including a caliber .22 rifle, an AR-15 rifle, a caliber .45 pistol, several ammunition, and a hand grenade from the ancestral house of the Arquillano clan in Barangay Poblacion.

The operation was conducted by virtue of a search warrant issued by Regional Trial Court (RTC) Judge Leopoldo Cañete in Barili town.

The camp of Arquillanos plans to file Motion to Quash before the RTC Danao, claiming it was not under the territorial jurisdiction of the RTC Barili.

Arquillano’s lead counsel, retired judge Meinrado Paredes, said the search warrant was valid up to April 2 but the raid took place only on April 4.

“We are planning to file Motion to Quash and to suppress illegally seized evidence. We will argue, we are going to prove that the search warrant is null and void because it was issued by a court without a territorial jurisdiction over the place where the crime was supposedly or allegedly committed,” Paredes said.

Paredes said a “compelling reason” can be an exemption to the general rule.

He clarified, however, that the Motion to Quash they intend to file is not meant to question the credibility of the judge but to determine possible "lapses" that led to the issuance of the search warrant.

He said there may be instances that a judge is misled and during his time at the bench, there was a time when he quashed a warrant he had issued after a party in a case protested.

He said it is usually a “one-sided” situation when a party applies for a search warrant, the court only sees the applicant’s case.

Edmund Lao, lawyer of Barug Alang sa Kauswagan ug Demokrasya (BAKUD) party, said the search was enforced reportedly without the presence of the actual occupants of the ancestral house.

He said that that before the operatives searched the house, the premises were already controlled by the police. All occupants were reportedly sent outside between 6 a.m. and 7 a.m. before another set of officers arrived to do the search.

Paredes said the family members told him that they actually objected to the search but the personnel allegedly told them, "aron wala’y mga matay, patuo mo nako (Follow me so no one will die)."

Paredes, a human rights advocate, sees possible violations.

The lawyers also maintained that the grenade found in the mayor's room was actually planted and belied reports that the Arquillanos admitted possessing the firearms seized. Lao said keeping a grenade inside a house is actually “preposterous and absurd.”

Lao said the allegations that the town officials are organizing an armed group is “unsubstantiated” because there have been no record of violence in the town.

Moreover, the lawyers believe that the arrest and the underlying circumstances are politically-motivated to “paralyze” the campaign of the candidates and their administration.

Incumbent mayor Aly is running for vice mayor in the May 13, 2019 elections while his older brother, incumbent vice mayor Alfredo is seeking, is running for mayor. The Arquillano brothers are running under the BAKUD group.

“There are no public complainants but they (Arquillanos) knew there are private persons behind this,” Paredes said.

The Arquillano brothers have reportedly received threats even before the campaign period for local candidates began.

He said the group’s members are grateful for the support and assurance of safety from gubernatorial candidate and incumbent Vice Mayor Agnes Magpale and BAKUD President Joseph Felix Mari "Ace" Durano.

Paredes said they will post bail once formal charges are filed against their clients. (FREEMAN)