Bacolod court voids QC judge's search warrant vs activists

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Amid the growing clamor against the so-called 'factory of warrants' in Manila and Quezon City courts, activists scored another win after a judge in Bacolod voided a search warrant that led to the arrest of their colleague in 2019.

against the so-called"factory of warrants" in Manila and Quezon City courts, activists scored another win after a judge in Bacolod voided a search warrant that led to the arrest of their colleague in 2019.

"The search warrant is hereby quashed for non-conformity with established constitutional rules and the evidence," Bernad said in a resolution issued on February 18, but released to lawyers only on Tuesday, March 9. In the Lozande case, Bernad ordered an inspection of the property and determined that Villavert's search warrant was not particular enough, infringing on the constitutional requirements that such warrants must be very specific.

"There was therefore in this case an infringement of the constitutional requirement that a search warrant particularly describe the place to be searched; and that infringement necessarily brought into operation the concomitant provision that the Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches," said Bernad.

 

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