CA allows probe vs ex-Davao cop tagged in slays

MANILA, Philippines -  The government investigation against a former policeman implicated in summary executions in Davao City supposedly perpetrated by a death squad may now proceed.

This, after the Special 8th Division of the Court of Appeals (CA) reversed a July 23, 2009 ruling of Judge William Simon Peralta of Manila Regional Trial Court (RTC) Branch 50 lifting the search warrants against retired SPO4 Bienvenido Laud, alias Tatay, owner of the compound in Barangay Ma-a, Davao City where police and officials of the Commission on Human Rights (CHR) found the supposed remains of victims of summary executions.

In a 14-page decision, the CA granted the petition filed by the Criminal Investigation and Detection Group (CIDG) of the Philippine National Police.

The CA ruled that Peralta committed “grave abuse of discretion amounting to lack or excess of jurisdiction” when he terminated “without sufficient reasons” a valid search warrant which he himself issued also in July 2009.

It held that the search warrant was valid since it complied with the requirements under Administrative Matter No. 99-20-09 (Resolution Clarifying Guidelines on Applications for and Enforceability of Search Warrants), which states that there is no need for petitioners to demonstrate compelling reasons for crimes involving murder.

It said the warrant was even endorsed by then PNP chief Jesus Verzosa.

The CA rejected the lower court’s findings that the petitioners violated the rule against forum shopping. “The two applications were based on different facts and circumstances,” it said.

Peralta alleged that a similar search warrant was filed in the Manila RTC. But an investigation of the two applications for search warrants showed that “there is no identity of facts and circumstances between the two,” the CA said.

On July 10, 2009, Peralta granted a search warrant sought by Senior Superintendent Roberto Fajardo for three caves within the Laud compound where supposed remains of victims of the death squad were found. Authorities executed the order and the investigation yielded positive results.

However, on July 23, 2009, the lower court granted Laud’s motion to nullify the search warrant and declare that the remains could not be used as evidence because these were illegally obtained.

The RTC, in terminating the search warrant, said the petitioner failed to prove its validity, prompting the CIDG to elevate the case to the CA.