Pangasinan court acquits 102 of unlawful possession raps

A court in Rosales, Pangasinan has acquitted 102 individuals of unlawful possession charges over numerous counterfeit products seized during a search and seizure of a warehouse in Rosales in 2023. 

In a 29-page joint resolution, the Rosales Regional Trial Court (RTC) Branch 53 acquitted the individuals for failure of the prosecution to prove their guilt due to insufficiency of evidence.

They were charged with unlawful possession of false counterfeit Internal Revenue Stamps, unlawful possession of apparatus or mechanical contrivance for the manufacture of cigarettes, unlawful possession of cigarette tipping paper or cigarette filter tips, and unlawful possession or removal of articles subject to excise tax without payment of tax.

“In the instant cases, the prosecution failed to establish that the search and seizure conducted was based on a valid search warrant nor that the same falls under any of the exceptions thereto,” it said.

The RTC said that there was no valid search warrant issued for the operation of the Bureau of Internal Revenue (BIR) raiding team and police officers.

“The BIR, like any other police or law enforcement agency, is not exempt from the fundamental requirement of obtaining a search warrant from the court before making searches and seizures,” it said.

According to the court, the illegality of the search and seizure results in the inadmissibility of the objects seized.

It added that failure to comply with the chain of custody rule also tainted the integrity of the objects seized, rendering them inadmissible.

The court ordered the Bureau of Jail Management and Penology (BJMP) in Balungao, Pangasinan to release the accused.

“Justice at last, not only for our 47 Masbateño clients, but for all the 102 Filipinos who were duped into thinking they had secured lawful jobs from Chinese recruiters, only to find themselves jailed for being in a-wrong-place at a-wrong-time,” Atty. Renfred Tan, Tan Briones & Associates lead counsel, said in a statement.

GMA News Online has asked the BIR for comment but has yet to receive a response as of posting time. — RSJ, GMA Integrated News