Court voids warrant against activist arrested on Human Rights Day 2020

MANILA, Philippines – The trend continues with another voided search warrant, this time to free activist and unionist Dennise Velasco who was arrested on Human Rights Day in December 2020.

Quezon City Regional Trial Court Branch 220 Judge Jose Paneda voided the search warrant from notorious judge Cecilyn Burgos Villavert – top judge in Quezon City – saying “the search and seizure warrant issued on the basis of evidence presented is void.”

Quezon City court quashed the search warrant and dismissed the illegal possessions of firearms case against unionist Dennise Velasco who is among the so-called “Human Rights Day 7”.

“This Court finds that there is no probable cause to support the Information filed against the accused,” said the ruling dated March 2, but released Monday, March 7.

Since 2021, courts nationwide have freed and cleared 25 activists, some after hearing merits on a full-blown trial. Most, or 20 to be exact, were freed after the search warrant was quashed, including Velasco. Search warrants from the so-called “factories” have been slammed and challenged way up to the Supreme Court.

The Court had responded administratively by requiring policemen to wear body cameras when they execute any kind of warrant.

For Velasco’s case, Judge Paneda said the search warrant was void due to its failure to comply with constitutional legal requirements and procedures.

Judge Paneda reiterated the rule that for a search warrant to be issued, the applicant and their witnesses must present probable cause based on personal knowledge.

However, affidavits and testimonies of applicant Police Captain Michael Nathaniel Visco and his witness Patrolman Ernie Ambuyoc did not mention if they had personal knowledge that Velasco was unlawfully carrying a firearm – the usual charge against activists.

Based on the transcripts of court proceedings, the judge also noted shortcomings in the examination conducted by the issuing judge Villavert. It said that the QC executive judge “fell short of the required probing and exhaustive inquiry for the determination of the existence of probable cause”.

Judge Paneda also questioned the validity of the warrant due to lack of specific descriptions. It gave “unbridled discretion” to the policemen to seize items in the residence.

“Needless to state, this is unlawful,” Judge Paneda said in the ruling.

The Supreme Court had also scrapped the power of Manila and Quezon City courts to issue search warrants outside their judicial regions, which was how Villavert had been able to issue search warrants for activists all the way in Bacolod. – Rappler.com

This was written by Rhoanne De Guzman, a Rappler intern. She is a journalism student at the University of the Philippines Diliman.