CJ Peralta: Judge who issued search warrants vs. activists followed rules

The Supreme Court cannot initiate an investigation on the Quezon City judge who issued search warrants that led to the arrest of some 60 activists because she followed the rules, Chief Justice Diosdado Peralta said Friday.

A rights group has condemned police raids in the offices of progressive organizations in Bacolod City that were based on a search warrant issued by Judge Cecilyn Burgos-Villavert of the Quezon City Regional Trial Court (RTC).

Peralta said the court has not received a report on the matter but has so far gathered that she "followed all the rules."

As the executive judge of the Quezon City RTC, Villavert is authorized to issue search warrants to be served nationwide, the chief justice said. The executive judge of the Manila Regional Trial Court is the only other judge with this power.

"She conducted hearing to determine the existence of probable cause, she conducted the required searching questions, extensive questions and when she was satisfied with the existence of probable cause, she issued a search warrant," he said at a press conference.

He added that the local judge also required the policemen or military men who implemented the warrant to report to the court within 10 days.

"Can we now take the initiative to investigate her? There is no basis," he said. If there is, he said the High Court would refer the matter to the Office of the Court Administrator for investigation.

He said a formal complaint has to be filed against judges for an investigation to start -- unless the SC believes a judge decided in a way that "misapprehended the fact" and "misapplied the law," in which case it can initiate one on its own.

Peralta said he himself issued search warrants as a judge and described the process as time-consuming, considering the hearing that has to be conducted to determine the merit of applications.

He explained that search warrants must be issued confidentially to avoid leakages that would jeopardize law enforcement operations.

"So they envisioned a system, they adopted a system where to avoid leakage, they authorized the judges in Manila, in Quezon City to issue search warrants nationwide, even outside their territorial jurisdiction," he said. — MDM, GMA News