Supreme Court asked to look into judges’ role in activist arrests

Progressive groups on Monday said the Supreme Court (SC) should look into the process through which lower courts issue search warrants, raising concerns after the same judges allowed searches that led to the arrests of several activists.

A judge in Quezon City, Cecilyn Burgos Villavert, issued the search warrants that led to police allegedly discovering firearms and explosives in the homes and the offices of activists in Metro Manila and Negros since last year.

Secretary General Cristina Palabay of the human rights watchdog Karapatan said there are also judges in Cebu who issued a search warrant that resulted in activist arrests and killings in Negros.

"Kung meron mang pwedeng mag-investigate ng mga ginawa ni Judge Villavert, ito ang Supreme Court... investigate kung bakit tila ang mga pulis laging kay Judge Villavert pumupunta para humingi ng search warrant kahit saan mang operation ang gagawin nila, Metro Manila man 'yan o Negros," Bayan Metro Manila chairperson and former congressman Mong Palatino said at a press conference.

"Kaya sa tingin namin the Supreme Court can review the warrant issued by Judge Villavert and investigate kung ano 'yung naging role ni Judge Villavert dito sa crackdown against activists," he added.

Palabay, for her part, said a review of the regulations in the issuance of search warrants is in order to make them more "stringent."

"Are these search warrants just being issued on the basis of testimonies of police?" she asked, saying stories are easy to fabricate. "How does the judge verify the veracity of statements by police who are put to question?"

She also said there is a need to audit the cases where there are questions on the presumption of regularity in police operations.

She said at least 80% of over 600 "political prisoners" in the Philippines face charges of illegal possession of firearms and explosives -- an illustration of the police's alleged "modus operandi" of planting evidence in activists' houses to justify their arrest.

"Why (illegal possession of firearms and explosives)? Because it is the easiest thing to manufacture as a case, and that is the sad reality..." Palabay said.

National Union of Peoples' Lawyers president Edre Olalia earlier said the usual allegation of firearms possession fits state forces' narrative that legal activists are part of the armed communist insurgency and are thus enemies or "terrorists."

International Human Rights Day

On International Human Rights Day last week, police arrested trade unionists Dennise Velasco, Rodrigo Esparago, Romina Astudillo, Mark Ryan Cruz, Joel Demate and Jaymie Gregorio Jr., and journalist Lady Ann Salem.

Their relatives denied the allegations against them.

But the Philippine National Police said its officers observed due process in the operations that were covered by search warrants "validly issued" by the Quezon City Regional Trial Court Branch 89.

"These warrants have been applied for, based on information, credible and reliable, provided by informants to the court who examined these witnesses under oath," PNP-Criminal Investigation and Detection Group chief Police Major General Joel Napoleon Coronel said Monday.

"If they have claims coming from the CHR or any other body, that anomalous or irregularities have been committed by the PNP, we are welcome to address this," Coronel said.

Activists Amanda Echanis and Reina Mae Nasino, among many others, also face what their supporters say are "fabricated" charges of illegal possession of firearms and explosives.

"The point is so simple: this cannot go on," said Fides Lim of the prisoner rights group Kapatid. "[Chief Justice Diosdado Peralta] should do something." — RSJ, GMA News