MANILA, Philippines — Trade unionist Dennise Velasco walked free on Tuesday evening, after more than a year in detention, with the warrant that led to his arrest voided because of infirmities and for lack of evidence.
A rights group said the voided warrant shows the need for the Supreme Court to review "the notorious and baseless issuances of search warrants" by a judge in Quezon City.
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"Trade unionist Dennise Velasco of [Human Rights Day 7] walks free after 14 months of unjust imprisonment on fabricated charges stemming from a void search warrant from Quezon City Executive Judge [Cecilyn Burgos-Villavert],” his legal counsel Kathy Panguban of the National Union of Peoples’ Lawyers said.
Velasco, five other trade union organizers and journalist Lady Ann Salem were arrested in separate operations on December 10, 2020, as the world celebrated Human Rights Day.
The Quezon City Regional Trial Court Branch 220 granted Velasco’s motion to quash the search warrant that led to his arrest. Judge Jose Paneda found that the applicant and witnesses in the case did not have personal knowledge of his supposed lack of license to possess firearms.
Evidence presented before the court was also insufficient to prove the existence of probable cause. "Hence, the search and seizure warrant issued on the basis of evidence presented is void," the ruling made public on Monday read.
In February 2021, the Mandaluyong court dropped the charges against Salem and trade unionist Rodrigo Esparago.
Judge Villavert’s warrants
Following the dismissal of charges, human rights alliance Karapatan on Wednesday reiterated its call for an investigation into Quezon City Judge Burgos-Villavert who issued the search warrants.
Karapatan Deputy Secretary General Roneo Clamor said Burgos-Villavert issued search warrants that led to the arrest of at least 76 activists, human rights defenders, peace advocates, peasant leaders and journalists.
"The string of dismissals shows Judge Villavert’s notorious and baseless issuances of search warrants, he said.
"The Supreme Court must investigate and hold Judge Villavert accountable for her mockery of justice by using our courts for judicial harassment and political persecution, along with other judges who have also issued questionable search warrants that led to the killings and arrests of many human rights defenders and activists," Clamor continued.
Karapatan and regional alliance Defend Southern Tagalog this week also slammed the Court of Appeals appointment of Judge Jose Lorenzo Dela Rosa, whom they also tagged as a "search warrant factory judge."
Human rights groups and lawyers have pushed the SC to put safeguards on the implementation of warrants that they said have been used to target dissenters and activists.
Amid mounting pressure, the SC, in July 2021, issued Rules on the Use of Body-Worn Cameras that direct law enforcers to use at least two recording devices in the enforcement of warrants.
The SC also limited the authority of Manila and Quezon City executive and vice executive judges — like Villavert and Dela Rosa — to issue search warrants outside their jurisdiction.