CA confirms police errors and abuses in warrants application
We welcome the decision of the Court of Appeals (CA) dismissing the appeal in the case of journalist Lady Ann Salem, where it appropriately pointed to errors and weaknesses of the police in the application of search warrants.
The decision of the CA’s Twelfth Division sniped at “the failure of police to provide clean and consistent testimonies regarding material information” and proposed that applicants and witnesses for search warrant be keen and proficient as to details. The Public Interest Law Center had asked the trial court to look into the validity of the search warrants: if the police made falsities and errors in the application, and if the issuing judge made the required probing personal examination. In an incisive and progressive approach, trial court Judge Monique A. QuisumbingIgnacio
quashed the search warrants for lack of probable cause to issue them in the first place. The CA, in affirming her decision, strengthened the role of a reviewing judge in reexamining the evidence upon the police’s application.
Our clients lost time, opportunities, and peace of mind with these charges that turned out to be founded on deceit. This case is a classic example of a heavy hand in a colored political context --Salem was a member of the alternative press tagged for being a critic of government-- but has also paved the way for the judiciary to showcase its fairness and independence.
We trust that judges will henceforth take the lead of Judge Ignacio in more meticulous appraisal of police operations, eschewing an institutional reliance on the presumption of regularity of duty. We call for the release of the rest of the Human Rights Day 7 - Romina Astudillo, Mark Ryan Cruz, Jaymie Gregorio Jr., and Joel Demate - whose arrests were on the basis of the same evidence as Salem's.
We support the release of all other political prisoners taken to jail on false charges, and warn against the taking of any more. We are thankful for other judges of politically-motivated warrants cases for making principled and intelligent stances in favor of the people and their constitutional rights. As trust in law enforcement dips to an all-time low, it is meaningful and comforting to know that the people may still ask for protection and place their hope in the courts and other pillars of the criminal justice system.
Public Interest Law Center