Judge scores CIDG for ‘fishing expedition’

MANILA, Philippines — Agents of the Criminal Investigation and Detection Group (CIDG) committed an “unlawful” act by staging a “fishing expedition” when they raided the residence of a journalist for an online news portal last December, according to a Mandaluyong regional trial court (RTC) judge.

Branch 209 Judge Monique Quisumbing-Ignacio said the CIDG police officers went overboard when they seized items that were not included in the two search warrants issued by Quezon City RTC Judge Cecily Burgos-Villavert.

Lady Ann Salem, editor of Manila Today, and labor union organizer Rodrigo Esparago were arrested on Dec. 20, 2020 at a condominium in Mandaluyong for alleged illegal possession of firearms and explosives. However, Ignacio dismissed the charges in a 10-page decision on Friday.

One of the search warrants authorized police to seize four .45 caliber pistols, two. 38 caliber revolvers, magazines and ammunition, a laptop and a cell phone. The police officers, however, took four laptops and five cell phones.

The items were mentioned by an undercover police officer and a civilian informant who allegedly posed as buyers of loose firearms from Salem and Esparago.

“They undertook a fishing expedition and confiscated any and all cell phones and laptops they found in the premises,” Ignacio said in her ruling.

The judge said the lawmen were only authorized to confiscate only the items listed in the search warrant, leaving them with no discretion what articles they shall seize.

“The seizure of these items is unlawful as even the plain view doctrine is clearly inapplicable to these cases,” Ignacio’s ruling read.

The informant and undercover police operative also gave inconsistent testimonies, which made the search warrants null and void, the judge said.

Despite the ruling, Salem and Esparago remain detained at the Mandaluyong City Jail yesterday.

Lawyer Rachel Pastores of the Public Interest Law Center (PILC) said jail officers have yet to receive a copy of the release order from the court.

“We are hoping there would be no problems by Monday,” she said in a text message.

The Philippine National Police (PNP) said it respects the court’s decision.

“The investigators will just have to move and continue collecting evidence so that it may stand in court,” PNP spokesman Brig. Gen. Ildebrandi Usana said in a text message.

Usana said the court’s ruling dispels the claim by critics of the administration that the justice system in the country is not working.

‘Shotgun’ warrants

Salem’s case should serve as a lesson to the PNP and to judges who issue “shotgun” warrants, the National Union of Peoples’ Lawyers (NUPL) said yesterday.

NUPL secretary general Edre Olalia said the court decision dismissing the case against Salem due to the vagueness of the search warrant only showed that no one can take shortcuts or ignore or circumvent the rules.

“With even greater reason that one cannot manufacture, invent or set up evidence to persecute citizens and weaponize the law,” Olalia said.

He said the ruling has a “persuasive effect” on similar pending cases, which follow the same template of setting up to locking up the suspects on trumped-up charges.

“We have the presumption of regularity to cover our backs. But this order shatters such presumption and exposes such kinds of police operations as tainted with presumption of irregularities,” Olalia said.

For judges, Olalia said the Mandaluyong court’s decision is a “subtle yet perceptible nudge” to them that they should always ensure that people should believe and trust the courts, the exercise of its powers and the judicial system itself.