CA voids arrest warrants vs. Reina Mae Nasino, others

The Court of Appeals has voided the arrest warrants issued against detained activist Reina Mae Nasino, the mother who lost her three-month-old daughter while in detention, and two other activists that were the basis of their arrest in Manila in November 2019.

In a 36-page decision, the Appellate Court granted the petition for certiorari filed by Nasino, Ram Carlo Bautista, and Alma Moran against Manila Regional Trial Court Judge Marivic Balisi-Umali and voided the search warrants issued by Quezon City RTC Judge Cecilyn Burgos-Villavert.

“Search Warrants Nos. 5944 (19) and 5945 (19) are declared void for failure to meet the standards of a valid search warrant, and all evidence procured by virtue thereof are deemed inadmissible,” the Court said.

According to the court, Balisi-Umali committed grave abuse of discretion in upholding the validity of the search warrants.

The judge previously denied Bautista’s Urgent Motion to Suppress Illegally Seized Evidence and to Quash Search Warrants filed by Bautista and Moran and Nasino’s Joint Omnibus Motion to Quash and Suppress Evidence, which alleged that the warrants are invalid for being violative.

The CA noted that the search warrants indicated three different addresses.

“These apparent irregularities in the application and implementation of the subject Search Warrants are more than enough to debunk the presumption of regularity of performance of official duties,” it said.

Further, the court said that the implementation of the warrants was marred by irregularities.

It pointed out that the search of Bautista’s room was not made in his presence. The court also said that the search warrants addressed Bautista only.

“Notwithstanding so, petitioners Moran and Nasino were likewise subjected to the search and several items, which were not in plain view, were allegedly confiscated from them. Clearly, petitioners’ right against unreasonable search and seizures was blatantly trampled upon,” it said.

According to the court, the issuance of the search warrants did not comply with the required existence of probable cause.

“With the erroneous addresses that were never clarified, there is but one logical conclusion, i.e., the applicant and his witnesses did not really have personal knowledge of the surrounding facts which would have justified the issuances of the subject search warrants,” it said.

Meanwhile, the court said Judge Balisi-Umali’s denial of the motions on the ground that it was filed beyond the 5-day filing period, is “too strict a sanction compared with what [the] petitioners stand to lose by reason of such denial.”

“Their non-compliance should therefore not serve to validate a warrant that was issued in disregard of the constitutional requirements. The ends of justice are better served if the supremacy of the constitutional right against unreasonable searches and seizures is preserved over technical rules of procedure,” it said.

To recall, Nasino gave birth to her child River while in detention. She lost her three-month-old daughter in October 2020 after River was diagnosed with pneumonia. —KG, GMA News