Trash all evidence pulled from Aegis Juris library – Solano camp
MANILA, Philippines – The camp of John Paul Solano demanded on Monday, October 9, that all evidence obtained at the Aegis Juris fraternity library be junked.
In a motion to quash submitted before the Manila Regional Trial Court (RTC), Solano’s camp claimed that the Manila Police District (MPD) committed at least 3 irregularities in acquiring the search warrant for the Aegis Juris fraternity library.
First, Solano’s lawyers pointed out that the search was conducted at an address different from the one indicated on the warrant. (LOOK: IN PHOTOS: What SOCO found inside the Aegis Juris frat house)
The MPD supposedly promised to search 1247 Laon Laan Street corner Navarra Street, but they ended up rummaging through the Aegis Juris fraternity library which is located at 1458 Laon Laan Street corner Navarra Street.
“Officers may not under the guise of enforcing the law, search any place, other than what is described in the search warrant for to do so would…constitute the search illegal and unreasonable,” their motion read.
Solano’s camp then said the MPD’s search warrant cited a non-existent provision of the Anti-Hazing Act. Laws require a search warrant to cite a law that was violated and which prompted the inspection.
Solano's camp claimed that the search warrant referred to section 28 of the law, but the law only has 7 sections.
“Clearly then, the assailed SW (search warrant) was issued for a non-existing offense,” their motion read.
Finally, Solano’s camp claimed that the Manila policeman who requested for the warrant did not acquire the permit under oath, going against the minimum requirement.
“Thus, the said application is a mere scrap of paper,” they said.
At the frat house, Manila police obtained evidence which they have not disclosed. But as shown in photos obtained by Rappler, there were at least two paddles picked up from the scene, easily associated with the embattled brotherhood's hazing rites.
Applying the doctrine of the “fruit of the poisonous tree", Solano's camp argued that whatever the cops pulled out from frat house cannot be used in the case because they were obtained using an irregular search.
With the case filed at the Manila RTC, Solano’s lead legal counsel, Paterno Esmaquel, asked the Department of Justice (DOJ) panel that is handling their preliminary investigation proceedings to ignore as evidence the items acquired from the frat's library – until the RTC reaches a decision on his motion.
Their motion was submitted for resolution by the panel, with their next hearing scheduled on October 24. – Rappler.com