Suspended Negros Oriental Rep. Arnolfo Teves Jr. and his two sons Kurt Matthew and Axel asked the DOJ to dismiss the complaint for illegal possession of firearms and explosives filed against them by the PNP-CIDG. | T2TupasINQ
He said the police violated the basic requirements when implementing search warrants citing the joint affidavit of Barangay Captain Andrew I. Barte and Kagawad Ulysses Ilagan, who both served as police witnesses, as well as the affidavits issued by the staff of Teves who were present during the implementation of the search warrant and even took videos of pictures.
Based on the witnesses’ testimony, prior to the presentation of the search warrant, the police’s Special Action Force was already inside the Teves’ house and carrying large bags. “These SAF team members, who are necessarily part of the team implementing the search warrant, broke and violated the most basic of statutes and rules that proscribe unreasonable searches and seizure,” he also said.The rule states that: “No search of a house, room, or any premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.
Topacio added that the witnesses also said that the SAF clearing team “consisting of around thirty PNP-SAF authorities, employed in the implementation of the search warrant, as if exempted from the rules on the implementation of the search warrants, entered the said premises: 1) without the owner of the house; 2) without any witnesses; 3) without allowing any photographing or video recording of their activities; 4) without having subjected themselves to frisking; and, 5) without having their...
Following the filing of the motion, government prosecutors already submitted the case for resolution.
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