SC limits scope of issuance of search warrants, requires body-worn cameras in service of warrants

MANILA — The Supreme Court has clipped the powers of certain courts to issue search warrants outside their judicial regions as it required the use by law enforcers of body-worn cameras in the service of warrants, a move welcomed by rights defenders as a “huge step” against abuses.

Under Chapter V, section 12 of the Guidelines on the Selection and Designation of Executive Judges and Defining Their Powers, Prerogatives and Duties , the executive judges and vice-executive judges QC and Manila RTCs are allowed to “issue the warrants, if justified, which may be served in places outside the territorial jurisdiction of the said courts,” in connection with special criminal cases such as illegal possession of firearms and ammunitions, money laundering and violations of the...

In the Bloody Sunday incident, it turned out the PNP applied for 72 search warrants in Manila and Antipolo and 42 were granted by the Manila court while 4 were granted in Antipolo in a matter of days, raising the question of whether the judges had sufficient time to personally determine probable cause to issue a search warrant, as required by the Constitution and the Rules of court.

Under the rules, trial court judges are ordered to require law enforcers to use at least one body-worn camera and one alternative recording device or a minimum of 2 devices in the service of arrest and search warrants. When "practicable,” body-worn cameras/alternative recording devices should also be used during warrantless arrests, the rules said.

Human rights lawyer Evalyn Ursua had previously argued that there should be a presumption of irregularity when body cameras are turned off since it supposedly shows an intention to hide the search or arrest from the public. In case of violations on the rule requiring body-worn cameras/alternative recording devices during searches, a motion to suppress evidence may be filed. This rule is also applicable to search incidental to arrest.

If they decline, the video recordings can't be used by or against them, except if there is loss of life or assault on a law enforcer.

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SC limits scope of issuance of search warrants, requires body-worn cameras in service of warrantsIn a resolution dated June 29 but released only on Friday, the high court approved the rules on the use of body-worn cameras in the execution of warrants.
Source: ANCALERTS - 🏆 26. / 50 Read more »

SC scraps power of Manila, QC judges to issue search warrants outside judicial regions'We are grateful and appreciative of the responsive action of the Supreme Court on the matter,' says Edre Olalia, president of the National Union of Peoples' Lawyers Still not gonna vote form them if they decide to run for office. Oo nga po. Kasi pag gusto magpiyansa, ituturo naman sa local executive judge sa pinangyarihan ng krimen. Madalas tanggihan ang piyansa kasi d naman alam ng local judge na meron nag isyu ng warrant. Very good!
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SC: Body cameras now mandatory when serving search, arrest warrantsThe new rule provides that law enforcers are required to wear at least one body camera and one alternative recording device. Read: During operation, suddenly all cameras 'malfunctioned' simultaneously 😏 Asahan nyo yan sa explanation ng bulok pnppio That doesn't help to fast track the procedure, and administration of the justice system. Ano nga ang nangyari kay Kian sa iba pang biktima ng war on drugs? Halimbawa rape case tapos ang perpetrators ay man in uniform? Paano po iyon?
Source: inquirerdotnet - 🏆 3. / 86 Read more »

SC limits scope of issuance of search warrants, requires body-worn cameras in service of warrantsIn a resolution dated June 29 but released only on Friday, the high court approved the rules on the use of body-worn cameras in the execution of warrants.
Source: ANCALERTS - 🏆 26. / 50 Read more »