Judiciary asked to review how search warrants are issued, implemented
MANILA, Philippines — Rights groups are calling on the Judiciary to review the issuance and implementation of search warrants that lead to the arrests of activists.
They also asked the Judiciary to look into the judges, including Quezon City Executive Judge Cecilyn Burgos-Villavert, who issued them.
Karapatan Secretary General Cristina Palabay, in a news conference on Monday, called for a review of how the warrants that led to the arrest of six trade union organizers and a journalist, dubbed as the “Human Rights Day 7,” last Thursday.
"Are these being issued on the basis of testimonies of police? Do you verify if these are true?" Palabay said in comments meant for the judges.
She added that it would be easy for agencies applying for warrants to make stories up. "How does the judge verify the veracity of statements by police who are put to question so that is one thing that the court should do," Palabay added.
National Union of Peoples’ Lawyers president Edre Olalia explained that search warrants can be “procured by going through the motions and by mere presentation even under oath of supposed witnesses from authorities to claim that such materiel are supposedly in the possession of those to be arrested.”
RELATED: Firearms and explosives raps easy way to lock activists up, NUPL says
NUPL lawyer Maria Sol Taule, in a tweet thread, also pointed out that a request for search warrant can be applied for directly from the court. In contrast, an arrest warrant must go through a prosecutor who will determine if there is probable cause.
"In an ideal world, the judge will probe the applicant of the search warrant and its witnesses with searching questions and answers. Requirements must be more stringent in the application for search warrant because this is not screened by the prosecution and is directly asked from the court," she added in Filipino.
Probe Judge Villavert
Palabay also said Judge Villavert should be investigated by the SC, as the issue involves the independence of the Judiciary.
According to a Criminal Investigation and Detection Group press release on the day of the arrests, the five warrants that led to the arrest of the seven were all issued by the same judge.
Bayan Metro Manila chairperson Mong Palatino said the Supreme Court can review the search warrants Villavert issued. “Why does it seem like police go to Judge Villavert to ask for search warrant?” he said.
“In our view, [the] Supreme Court can review the warrant issued by Judge Villavert and what was her role in the crackdown against activists,” he added.
Palabay said the presumption of regularity in police operations should also be looked into, noting that cases questioning these have already been filed.
Families and friends of the seven arrested last week all denied they carry firearms and explosives, and claim the evidence against them are planted—an accusation frequently raised by political prisoners against the police.
“The Supreme Court and the Philippine National Police and many other agencies should be confronted with this question and policies should be changed,” she added.
Fides Lim, spokesperson of advocacy and support group for political prisoners Kapatid, urged Chief Justice Diosdado Peralta to conduct the probe. "This cannot go on, he should do something," she said.
Police Maj. Gen. Joel Coronel, CIDG director, asserted that arrests were legal.
"During the conduct of the search warrants, the operations, apart from having valid search warrants issued by a competent regional trial court, were witnessed by independent and third-party witnesses coming from the local government office and barangay officials to ensure that the police operating units were complying with operational procedures and that no human rights and individual rights had been violated in the conduct of the operations," he said in a briefing also on Monday.
Palabay also said that the issue does not only involve Villavert, but other judges too, such as Cebu judges who issued search warrants that led to arrests in Negros.
"It’s not just Judge Villavert. We are appealing to all members of the Judiciary because this is their concern: A question on one judge of such alleged misconduct is a question on all," she added.
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