Judge defends search warrant for Espinosa cell

BASEY, Samar, Philippines – The regional trial court judge who issued the controversial search warrant used by the police to enter the jail where Albuera, Leyte Mayor Rolando Espinosa was killed last Saturday maintained there was nothing irregular about the move.

Tarcelo Sabarre Jr., executive judge of RTC Branch 30 of this town, said the police Criminal Investigation and Detection Group (CIDG) presented witnesses to justify the issuance of the search warrant.

Sabarre said he went to question the two witnesses presented by the CIDG during the two-hour hearing in the application for the search warrant.

“I complied with all the requirements set forth by the rule of law and whatever issues tainted in the serving of the search warrant of the lawmen, I have nothing to do with it,” Sabarre said.

The judge made the statement after the Supreme Court ordered an investigation into the warrant that was used by the CIDG to enter the provincial jail where Espinosa and suspected drug trafficker Raul Yap were killed.

The CIDG said they applied for the search warrant after an informant revealed Espinosa and Yap were dealing in illegal drugs from inside the jail.

The informant added Espinosa and Yap had firearms stashed somewhere inside their cells.

The CIDG said they were forced to fire back after they were shot at by Espinosa and Yap, who were in separate cells.

Leyte provincial jail warden Homobono Bardillion claimed the search warrant of the CIDG was received by Baybay subprovincial jail warden Antonio Ubaldo around 11 a.m. of Nov. 5, hours after Espinosa and Yap were killed.

Sabarre lamented he was being singled out in the issuance of the search warrants.

He said there are also judges like him being called by the police to issue the search warrants on inmates.

“Judges who also issued search warrants against inmates should also be investigated but there is no such law in the Philippines that prohibits the issuance of search warrant to prisoner detained in a jail facility,” he said.

Sabarre cited the case of Allan Alvarez, an inmate in the Regional Penal Colony in Abuyog, Leyte who was killed by the CIDG lawmen when he allegedly attempted to lob a grenade at the responding lawmen serving a search warrant in the jail.

The search warrant was issued by the Calbiga, Samar executive Judge Janet Cabalona on Oct. 28.

Another prisoner in Baybay city jail, Francisco Balagbis, was killed during the raid by the Anti-Illegal Drug Task Force of the regional police.