Bato: Every time is a legal time to serve search warrant

MANILA, Philippines — Philippine National Police chief Ronald “Bato” dela Rosa insisted that there was nothing wrong with serving search warrants during the wee hours of the day following the death of Ozamiz City Mayor Reynaldo Parojinog Sr. and 14 others.

Dela Rosa explained Monday that they can serve warrants at any time of the day “in order to gain maximum advantage” against the subject of the operation.

“Every time is a legal time to serve search warrant. Walang sinabi doon na kailangan i-serve mo ‘yan during office hours,” the PNP chief said in a press briefing at Camp Crame in Quezon City.

READ:  Bato on Parojinog raid: Cutting CCTV cameras wrong

“Ibig sabihin you are commanded to serve the search warrant anytime of the day, any day of the week, 24/7 ‘yan,” he added.

Parojinog and others were killed inside their residence on Sunday after Crime Investigation and Detection Group operatives served search warrants at 2:30 a.m.

The raiding team claimed they "met with volleys of fire from (the mayor's) security” forcing them to retaliate.

“We have to dictate the tempo, the schedule in order to gain maximum advantage na hindi mag-leak info, para hindi maitapon mga ebidensya, we have to do it on our time,” Dela Rosa said.

READ: Ozamiz mayor, 14 others killed in police raids

The bloody raid is comparable to what happened to Albuera Mayor Rolando Espinosa Sr. who was killed by CIDG operatives inside the Baybay sub-provincial jail in Leyte last year, also during the wee hours of the day. Operatives argued they were to serve a search warrant for alleged illegal drugs inside the mayor's cell.

Warrants to be served at day time

Sen. Francis Escudero, meanwhile, asserted that search warrants should be served during the day time.

“Under the rules of court, under the police manual of the PNP itself, as a general rule, search warrants should be served during day time unless the court or the judge directs that it can be served during the daytime or nighttime,” Escudero explained in his interview on ANC Headstart.

“But it is always subject to reasonableness,” he added.

Escudero, who is also a lawyer, cited Article 3 Section 2 of the 1987 Constitution.

READ: Narco-mayor Espinosa killed in jail

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized,” the law read.

While the operation raised questions, the nation’s top cop assured the public that their Internal Affairs Service would investigate and impose proper punishment if proven violations were found.

“So far it is a legit operation,” Dela Rosa said.