With faulty warrants voided, Nasino, 2 activists seek case dismissal
MANILA, Philippines — Reina Mae Nasino and two other activists have asked a Manila court to junk the illegal possession of firearms and explosives case against them after the Court of Appeals voided the search warrant used against them.
In a three-page filing on Friday, Nasino, Alma Moran and Ram Carlo Bautista argued that they can no longer be prosecuted as the pieces of evidence against them gathered using the voided search warrant are inadmissible.
“With the assailed search warrants already declared null and void, no valid legal process could have warranted the invasion of the searched premises, where the movants were arrested. Hence, any evidence allegedly seized therefrom can no longer be used for any purpose in any proceeding, including the instance cases,” the motion read.
Nasino, Moran and Bautista have been detained since their arrest in Tondo, Manila on Feb. 19, 2019. Nasino was then pregnant with River, whom she delivered in detention and died after they were separated.
In a 36-page decision penned by Associate Justice Emily San Gaspar-Gito, the CA’s 12th Division said that the search warrants against the three are void for failing to meet the standards of a valid search warrant. It also declared all evidence procured due to the warrant as inadmissible.
“There is no more basis to sustain movants’ prosecution before this honorable court and to continue their detention as persons deprived of liberty,” the activists said in their motion.
“It would be the height of injustice for movants to continue being tried with evidence that, in law, has been considered fruits of the poisonous tree.” — Xave Gregorio with reports from Kristine Joy Patag
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