Court junks case, orders release of trade unionist nabbed on Human Rights Day 2020
MANILA, Philippines — A Quezon City court junked the possession of illegal firearms case against a trade union organizer who was among the "Human Rights Day 7" arrested on Dec. 10, 2020.
The QC Regional Trial Court Branch 220 granted the Omnibus Motion to Quash Search Warrant, to Suppress Evidence and to Dismiss the Instant Cases against Dennise Velasco.
"The Court finds that there is no probable cause to support the Informations filed against the accused; hence, the same are hereby dismissed," the 11-page ruling of Judge Jose Paneda released on Monday read.
"Accordingly, the Jail Warden of Metro Manila District Jail Annex 4 Male Dormitory, Camp Bagong Diwa, Bicutan, Taguig City is hereby ordered to release from his custody this person," it added.
Lawyer Kathy Panguban of the National Union of Peoples’ Lawyers, said Velasco is not facing any other cases.
Search warrant void
The judge noted that a search warrant may only be issued if there is probable cause with the specific offense alleged based on the personal knowledge of the applicant and witnesses.
But in the case of Velasco, "[n]owhere, however, in the affidavit and testimonies of witnesses, [Patrolman] Ernie Ambuyoc and [Police Captain] Michael Nathaniel Visco, was it mentioned that they have personal knowledge of accused’s lack of license or permit to carry a firearm."
Visco applied for the search warrant and listed Ambuyoc and Kharl Lou del Cruz Geronimo as his witnesses.
But Judge Paneda noted that examination conducted by the issuing judge, Quezon City Executive Judge Cecilyn Burgos-Villavert, "fell short of the required probing and exhaustive inquiry for the determination of the existence of probable cause."
The court cited the transcript of the testimonies where Visco admitted that he did not know anything about the group’s supposed illegal activity.
"At any rate, regardless of the nature of the surveillance and verification of the Information carried out by the police officers, the fact remains that both applicant and his witnesses did not have personal knowledge of the accused’s lack of license to possess firearms, ammunitions and explosives," the ruling read.
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," it added.
Lack of particularity
The court also said that Velasco argued that items confiscated from his house are inadmissible as evidence since they were not the same items listed in the warrant.
In this case, the court said lack of particularity gave the law enforcers unbridled discretion to seize virtually all evidence that believe matched those in the warrant. "Needless to state, this is unlawful," the judge said.
Paneda added that the articles seized from Velasco’s house cannot be used as evidence against him since the law enforcers’ access was gained through a void warrant.
"Considering that the search and seizure warrant in this case was procured in violation of the Constitution and the Rules of Court, all the items sized in accused house, being ‘fruits of the poisonous tree,’ are inadmissible for any purpose in any proceeding," it added.
Roving warrants
The NUPL said Velasco’s case "is another proof at how the law has been weaponized against the exercise of freedoms and rights and the justice system twister to a certain extent, which institutions should have been one of the people’s recourse when their rights and freedoms are trampled upon."
Velasco is one of the six trade union organizers arrested on Human Rights Day in 2020. Journalist Lady Ann Salem was also arrested on the same day.
Their arrest amplified the call of rights groups for the Judiciary to look into the issuance and implementation of search warrants in the wake of a spate of arrests of activists.
Months later, in March 2021, nine activists were killed in separate operations in Calabarzon province where police implemented search warrants. The series of operations has since been dubbed the 'Bloody Sunday' raids.
RELATED: A year since 'Bloody Sunday' raids: 34 cops face murder raps, harassment of activists continues
The SC has since issued Rules on the Use of Body-Worn Cameras that direct law enforcers to wear at least two recording devices when implementing arrest and search warrants.
The SC rules, made public July 2021, also limited the authority of Manila and Quezon City executive and vice executive judges to issue search warrants outside their jurisdiction, an authority that progressive groups claimed has been weaponized against activists.
The guidelines were issued amid mounting calls for safeguards on rules they claimed have been weaponized against dissenters and activists.
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