Judge Monique Quisumbing-Ignacio of Branch 209, in a 10-page decision dated Feb. 5, declared that the search warrant used to enter Salem’s Mandaluyong home is null and void, rendering the firearms and explosives purportedly found in their possession as inadmissible evidence before the court.
By ANNE MARXZE D. UMIL
Bulatlat.com
MANILA – The Mandaluyong Regional Trial Court dismissed the illegal possession of firearms and explosives charges against Manila Today editor Lady Ann Salem and trade union organizer Rodrigo Esparago, saying that the police carried out a “fishing expedition” during the raid.
Judge Monique Quisumbing-Ignacio of Branch 209, in a 10-page decision dated Feb. 5, declared that the search warrant used to enter Salem’s Mandaluyong home is null and void, rendering the firearms and explosives purportedly found in their possession as inadmissible evidence before the court.
The search warrant was issued by Quezon City Executive Judge Cecilyn Burgos-Villavert, who also released several other warrants authorizing the police to search the houses of five others on Dec. 10, 2020.
“The dismissal of charges clearly demolishes the Duterte government’s vilification and red-tagging campaign against the Human Rights Day 7. It is a severe blow to the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), which claimed the arrests as a victory in the anti-insurgency campaign,” the Public Interest Law Center, Salem’s counsel, said in a statement.
Salem and Esparago as well as Dennise Velasco, Mark Ryan Cruz, Romina Astudillo, Jaymie Gregorio and Joel Demate were first presented by the Philippine police as members of a gun-running syndicate. They were later branded by the government’s anti-insurgency body as ranking members of the Communist Party of the Philippines and New People’s Army.
Read: On International Human Rights Day, one journalist, 6 activists arrested in separate raids
“The first blow was their failure to assert this in court: there was no crime to file about it, meaning, it had no legal impact. The nail in the coffin is the dismissal of the cases, exposing not just faulty police work but vicious political persecution,” PILC added.
Search warrant void for vagueness
In January, Salem’s lawyers questioned the search warrant and evidence by filing a motion to quash the search warrant, suppress the evidence and declare the seized items inadmissible, “citing the preposterous circumstances and basis upon which the search warrant was issued.”
The court agreed, saying that the warrant issued is general and did not describe the particularity of items to be seized. The police also seized more items than what their search warrant indicated, including four laptops and five cellphones instead of just one each.
“Not knowing which cellphone and laptop they were supposed to seize, they took all they found. This clearly shows that the search warrant suffered from vagueness. They undertook a ‘fishing expedition to seize and confiscate’ any cellphones and laptops they found in the premises,” the order read.
The court also noted other items seized by the raiding team based on the receipt of property seized which includes three hard drives, five sling bags, a flash drive and four IDs.
The court said this is unlawful that even the “’plain view doctrine’ is clearly inapplicable to these cases.”
The court also noted substantial inconsistencies and contradictions in the testimonies of the informants as well as their sworn statements. With this, the court said their testimonies cannot be given “full faith and credence.”
“There were not enough facts and circumstances ‘which would lead a reasonable discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched,” the decision read.
The court then reminded the law enforcement authorities, as stated by the Supreme Court, to strictly observe the constitutional and statutory rights of the people in fulfilling its duty.
‘A triumph for press freedom’
The International Association of Women in Radio and Television (IAWRT) also welcomed the court decision saying that this is a “triumph for press freedom as journalists around the world continue to grapple with repressive authoritarian regimes.”
Salem is IAWRT’s Communications Officer.
IAWRT also expressed gratitude to Salem’s lawyers “who have worked relentlessly” for her release. They, too, demanded the release of all IAWRT equipment that were illegally seized during the raid.
They also demand the immediate release of another member, Frenchie Mae Cumpio, executive director of alternative news Eastern Vista, who has been in jail for over a year for trumped-up charges.
Read: Global group of women journalists demand release of Cumpio
Meanwhile, the National Union of Journalists in the Philippines said they support all efforts to ensure that perpetrators will be held accountable.
“We call on the community of independent Filipino journalists to stand with Icy and all other colleagues threatened by the state and its agents for being true duty to serve the people’s right to know,” the NUJP said. 
