Groups welcome junking of arrest warrants vs ‘Tumandoks’

By Joseph B.A. Marzan

Groups that sought to junk the search warrants against “Tumandok” leaders welcomed on Tuesday the recent promulgation of the decision junking six of these warrants, which led to the deadly December 30, 2020 raids in Tapaz, Capiz and Calinog, Iloilo.

In two separate resolutions issued on June 15, 2021, Judge Rommel Leonor of the Regional Trial Court (RTC) Branch 21 in Mambusao, Capiz granted the motions to invalidate the search warrants filed by six Tumandok members from Capiz, namely:

-Marievic Aguirre for illegal possession of firearms (Republic Act 10591) and explosives (R.A. 9516);

-Eleuteria Caro for illegal possession of firearms (R.A. 10591) and explosives (R.A. 9516);

-Rollen Catamin for illegal possession of firearms (R.A. 10591) and explosives (R.A. 9516);

-Ferdinand Capillo for illegal possession of firearms (R.A. 10591) and explosives (R.A. 9516);

-Jucie Caro for illegal possession of firearms (R.A. 10591); and

-Marilou Catamin for illegal possession of firearms (R.A. 10591).

A seventh motion by another accused, Benny Pet Lorana, was belatedly filed by his counsel with the Mambusao RTC and is awaiting decision by the judge.

A total of 16 people were arrested during the December 2020 raids by the Philippine Army (PA) and the Philippine National Police (PNP) – 10 in Tapaz and 6 in Calinog – via search warrants issued by Manila RTC Branch 4 Judge Lorenzo Dela Rosa.

Eight of the arrested persons took plea bargains and have been meted with lesser penalties:

– Aileen Catamin, Carlito Diaz, and Rolando Caspillo of Tapaz – and Luisito Bautista, Marilyn Chiva, and Wilseo Chiva of Calinog who were nabbed for violations of R.A. 10951 and R.A. 9516; and

– Benito Caballero and Lauriano Castor of Calinog for violation of R.A. 10951.

Only one of the accused in Calinog, Rodolfo Diaz, challenged the search warrants against him, with the trial ongoing at the RTC in Janiuay, Iloilo.

Jaro Archdiocesan Social Action Center (JASAC) Director Msgr. Meliton Oso on Tuesday said in a press conference that they were supposed to provide legal assistance to Bautista, the Chivas, Caballero, and Castor, until they were informed of the plea bargains.

These plea bargains, according to Oso, were taken shortly after then-PNP chief Debold Sinas visited Iloilo province.

“We were ready to help them, but if you remember Sinas arrived in Oton. We were supposed to have a hearing on a Monday but they called on a Sunday afternoon that they would not continue with our counsel. So, we couldn’t do anything, and we had to withdraw because they took a plea bargain,” Oso said.

Based on the text of the resolution, while the Mambusao RTC validated the jurisdiction of the Manila RTC Branch 4 to issue the search warrants and found probable cause for their issuance, these were still quashed due to the lack of description of the specific location where the searches were conducted.

As cited in the resolution, one of the requirements for search warrants as mandated by the Supreme Court in the 2002 case of People vs. Francisco is the specific description of the place to be searched.

“No descriptions show where the houses are located, whether it is on top of the hill or near a dug well. Not even the colors of respective houses of the accused were mentioned in the search warrants of what kind of materials the houses were made of. (sic) In short, nothing described in the faces of the four search warrants any distinguishing marks or factors that will really lead the implementing peace officers to the houses of the accused and not on the other houses similarly situated in Zone 2, Barangay Tapaz, Capiz,” June 15 resolutions stated.

Atty. Teopisto Melliza of the Concerned Lawyers of Panay (CLP), who served as counsel for several of the accused, explained that the arrests were not invalidated by the Mambusao RTC, but as an effect of the decisions, the confiscated items which were allegedly found in the raided areas cannot be used in the trials.

“Based on the decision, the search warrant was annulled. It did not say that the arrests were voided as well but because of the decision, any evidence taken from the accused because of that search warrant would be inadmissible. That would also mean that the accused would be innocent because there would be now no evidence against them,” Melliza explained.

Melliza also suggested that the Supreme Court’s new rule on the use of body cameras in the execution of warrants (A.M. No. 21-06-08-SC) promulgate by the high court En Banc on June 29, could be invoked by the accused to invalidate their arrest based on the alleged lack of jurisdiction by the Manila RTC.

Section 2 of Rule 3 of A.M. No. 21-06-08-SC provides that if justified, Executive and Vice-Executive Judges of the RTCs can issue warrants for special criminal cases outside their territorial jurisdiction.

He added that despite being new, the Supreme Court’s recent rule can be applied retroactively based on Article 22 of the Revised Penal Code, which allows for retroactive application of penal laws which are in favor of the accused.

“We can use the new Supreme Court rule because they stated that it is also [effective for pending cases],” Melliza said.

Berna Castor, Secretary-General of the TUMANDOK Organization, cried while expressing her happiness over the decision.

“I am happy that the case of my fellow Tumandoks was dismissed. We are continuing to unite so we can defend our living and feed our families and everyone in the community,” Castor said.

Defend Panay Network Secretariat Crimson Labinghisa said that the invalidation of the warrants was a step towards seeking full justice for the Tumandoks.

“The quashing of the warrants is one step closer in seeking full justice not only for those arrested Tumandoks but also for those who died. But we will not stop with this development. Defend Panay Network, together with other organizations, individuals, lawyers, and the church denomination, will continue to push for justice for our Tumandok brothers and sisters. We believe that in the long run, we will be able to seek upholding the law on search warrants and the complete rule of law in our country,” Labinghisa said.

As to Diaz’s hearing at the Janiuay RTC, Oso said that the CLP-backed counsel would not allow for a virtual hearing and preferred for his client to personally meet the judge and the police personnel.

He added that the CLP is hoping to have Diaz’s case dismissed before the end of the year.

“Our target was supposed to be in June, but because of COVID, we couldn’t have a [physical] hearing because our counsel wouldn’t agree to do live-streaming but instead bring [Diaz] to the court, so we are waiting because they would want to see the judge and the police personally because it would be different if they could see the warm bodies. It is our hope to have [Diaz’s] case dismissed within the year,” said Oso.