Illegal searches set two suspects free

Finding that the searches were done not in accordance with the law the court acquitted two men adjudged victims of "illegal" searches.

Rolando Pasarda was accused of keeping two marijuana cigarettes but these were reportedly found on him after he was arrested for a different offense.

On July 7, 2003, Pasarda's father reported to the barangay hall of Langtad, Naga town, that Rolando, was causing trouble in their house and was armed with a bolo.

Rolando was arrested and brought to the Naga police station where he was found with two marijuana sticks.

During the trial, barangay tanod Silvestre Canuday, S/Insp. Eugeniano Alfante and SPO4 George Canumon testified said Rolando had two sticks of marijuana in his back pocket.

But Regional Trial Court branch 58 judge Gabriel Ingles said Canuday did not testify that the accused was smoking marijuana and that his arrest was due to his causing trouble at his home. Also, Alfante's and Canumon's testimonies conflicted Alfante's who said the evidence was not presented to him by tanods while Canumon said it was by the chief of police.

Aside from that, the court also found that the seizure was not covered by a valid search warrant and that it did not fall under instances when a warrantless search is allowed.

And because the two marijuana cigarettes found from the accused are deemed fruits of illegal arrest the court ruled that they are not admissible to prove the guilt of the accused.

The other case dismissed was that of Edgardo Taburnal who was charged for having drug paraphernalia.

But Ingles said that only the gun was covered by the search warrant while the drug paraphernalia "were not among the items particularly described in said warrant, thus, their seizure is a consequence of a warrantless search." - Liv G. Campo