A QC court has quashed search warrants vs alleged NDF members/CPP leaders Alexander and Winona Birondo which led to their arrest in July 2019. Judge Ferdinand Baylon found that search warrants issued by QC Judge Cecilyn Burgos-Villavert were issued without probable cause.
The Birondos were among NDF consultants released on bail in 2016 at the start of peace talks between PH govt and NDF under the Duterte admin. But they were rearrested soon after peace talks collapsed, charged with illegal possession of firearms and explosives.
QC RTC Br. 77 found that in 1 of 2 search warrant, Judge Villavert failed to ask searching and probing questions as to inconsistencies in statements of primary witness who claimed to have seen a grenade inside the Birondos' room in his affidavit but did not say so in testimony.
QC RTC Br. 77 also found that 2nd search warrant did not particularly describe firearm to be seized and it was not established that the Birondos possessed the gun and ammunitions. Court raised possibility somebody else owns them.
The QC court also raised questions regarding the identity of the primary witness -- why he started collecting garbage on the same month search warrants were served, how he came to collect garbage in Birondos' room, how he was approached by police to testify.
The Public Interest Law Center, the counsel for the Birondos, clarified that the two are "peace talks staff," not NDF consultants.
In a statement, PILC says it will move for the dismissal of charges against the Birondos and vows to fight "pernicious practice of securing warrants against activists and peace workers."
"The struggle is far from over."
The Birondos are also facing an obstruction against justice charge pending at the QC Metropolitan Trial Court. They were in fact arrested first for that charge before search warrants for firearms and explosives were served while they were already in Camp Karingal in July 2019.
FULL STORY
QC court quashes search warrants vs NDF peace talks staff
news.abs-cbn.com/news/08/19/21/…
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