After raid on labor activist's house, lawyers remind cops: No manhunt if no warrant of arrest
MANILA, Philippines — The Public Interest Law Center asserted that a person may not be subjected to a manhunt just because they are not at home when a search warrant is implemented.
This comes following the police’s claim that labor activist Marites Santos David is considered “at large,” as stated in an Inquirer report, after authorities said they found firearms and explosives in her home when it was searched. David was not there when the warrant was served.
But PILC lawyers said this statement from police is “erroneous and reckless” and puts David’s life in danger. They stressed that no warrant of arrest has been issued against her nor was she caught in the act of committing any crime.
A police report on Tuesday said they confiscated high-powered firearms, ammunitions and explosives in Barangay Market Area, Sta. Rosa, Laguna following the enforcement of the orders of Tanauan City, Batangas Judge Charito Macalintal-Sawali against David.
Police noted in the report that David was not present but barangay officials on duty witnessed the search and acknowledged the inventory of seized weapons and “war materiel.”
But declaring David as “at large” following the search preempts the preliminary investigation that has yet to take place, the PILC pointed out.
Under the Rules of Criminal Procedure, a warrantless arrest may only be done if the person has committed, is actually committing, or is attempting to commit an offense; if a crime has just been committed; or if the person is an escaped prisoner.
The lawyers said police may file a criminal complaint against David, which would effectively transfer the investigation proceedings to the prosecutor. During a preliminary investigation, the respondent will also be given the opportunity to file a defense through a counter-affidavit.
The PILC stressed that it is the prosecutor who would determine whether there is probable cause to file criminal information before the court. Only a court can issue warrants of arrest after it determines probable cause.
On David’s case, “none has been issued as per information today,” they said.
Calabarzon raids
The lawyers added that summarily declaring David "at large" could be used to set the stage for a “nanlaban” narrative.
“Police also improperly identified several personalities ‘at large’ from the ‘Bloody Sunday’ police operations, similarly putting their lives at risk. In the particular circumstances of activists served with search warrants but not found on site, none of them may be arrested, or killed, on sight,” they added.
One of the killed in the Calabarzon raids is BAYAN-Cavite coordinator Emmanuel Asuncion. Police had claimed there was a “chase” from his house in Rosario, Cavite to the office of Workers’ Assistance Center in Dasmariñas, Cavite.
But groups denied this and said there could not have been a chase since Asuncion had been staying at the office the night before the raid.
Rights lawyers also stressed then that the search warrant issued pertains to a subject’s keeping of firearms in the place stated in the court document and not on their person.
Police also have to prove that the person has “control” over the supposed firearm by showing the subject was the only one who could possibly access them.
The PILC stressed: “Police and all law enforcement officer must be reminded that when search or arrest warrants are correctly served, no one is supposed to end up dead.”
In response to mounting calls for definitive action on “weaponization” of warrants, the Supreme Court said it will promulgate rules on the use of body cameras for the service of search and arrest warrants.
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