CA upholds dismissal of raps vs lady journo, unionist
THE Court of Appeals (CA) has affirmed the Mandaluyong Regional Trial Court’s (RTC) decision to nullify the search warrants issued against alternative media journalist Lady Ann Salem and trade unionist Rodrigo Esparago.
In the wake of search warrants, the two activists were arrested alongside five others in Quezon City, Mandaluyong City, and Manila on charges of illegal possession of firearms and explosives.
A rights group claimed that the accusations were “trumped-up and fabricated charges.”
The Mandaluyong RTC Branch 209 overturned the search warrant in February 2021, deeming the confiscated items inadmissible.
“The RTC did not err in reversing the finding of the probable cause since the sole basis of the search warrants were the sworn statements and testimonies of the witnesses, which were inconsistent and contradictory, hence probable cause was not sufficiently established,” according to the CA.
In addition, the appellate court recognized errors discovered by the Mandaluyong RTC, such as the indistinct description of laptops and mobile phones in the search warrants.
“The CA said, ‘As correctly held by the RTC, not knowing which cellphone and laptop the searching officers were supposed to seize, the raiding team took all that they found and undertook a ‘fishing expedition to seize and confiscate’ any and all cellphones and laptops they found in the premises.’”
Furthermore, the CA stated that seizing things that were not mentioned in the search warrant “is a violation of the fundamental right of the private respondents against unreasonable searches and seizures.”
CA Third Division Associate Justice Jose Lorenzo Dela Rosa authored the decision and was joined by Associate Justices Nina G. Antonio-Valenzuela and Emily Aliño-Geluz.
