Groups oppose QC judge’s bid for associate justice due to activist arrests

MANILA, Philippines — Several groups have opposed a Quezon City Regional Trial Court (RTC) judge's candidacy for higher court and Office of the Ombudsman positions.

In a three-page letter sent by Bagong Alyansang Makabayan (Bayan) to the Judicial and Bar Council (JBC), it said that Judge Cecilyn Burgos-Villavert issued “defective” search warrants against activists and other individuals, which resulted in their arrest.

“Our opposition stems from Judge Villavert’s lack of competence, integrity, probity and independence as shown by her many and repeated issuances of defective search warrants against activists, human rights defenders and members of various people’s organizations, causing their unjust arrest, detention and being dragged in trumped up charges, most of which were eventually dismissed,” Bayan’s letter read. 

“There are many other instances of Judge Villavert’s reckless and abusive issuances of search warrants, earning her the monicker ‘search warrant factory,’” the group added.

The group's opposition arose after Villavert's name appeared on the JBC's list of applicants for a higher court position.

The JBC announced four vacancies for Associate Justice positions at the Court of Appeals (CA), two at the Sandiganbayan, and one for Ombudsman Special Prosecutor, following the retirement of Edilberto Sandoval.

Villavert is applying for positions as an Associate Justice of the CA and the Sandiganbayan.

Among the incidents cited by the group Bayan was the 2019 arrest of activists Reina Mae Nasino, Ram Carlo Bautista and Alma Moran, whose search warrants were voided by the Supreme Court on Aug. 9, 2023. 

Nasino, who is one of the arrested activists, gave birth in prison in 2020 during the COVID-19 pandemic. Her son, baby River, died while she was in jail and was only allowed by the court to visit her son’s wake for six hours.

Another case cited by Bayan was the December 2020 arrest of the "Human Rights 7," including journalist Lady Ann Salem, activist Denise Velasco, and trade unionist Rodrigo Esparago.

The search warrants issued by Villavert were dismissed in March 2022 due to lack of evidence.

Villavert also issued a series of search warrants in 2019 leading to the arrest of 62 activists in Bacolod and two in Metro Manila.

On May 24, rights group Karapatan also expressed their opposition to Villavert’s bid, holding her accountable for the unjust detentions based on planted evidence by abusive authorities.

A Supreme Court circular (A.M No. 03-8-02-SC) previously empowered executive judges from Quezon City and Manila to issue search warrants outside their judicial regions.

However, following the series of activist arrests, the high court repealed this circular in July 2021, limiting their power to issue such warrants outside their territorial jurisdictions.