THE Court of Appeals has ordered the Batangas City Regional Trial Court to proceed with the trial of re-electionist Mabini, Batangas mayor Nilo Villanueva on charges of illegal possession of explosives.
The appellate court’s Third Division, in an October 3 decision through Associate Justice Eduardo Ramos Jr., reversed and set aside the decision rendered by Batangas City RTC Branch 84 in August last year which granted Villanueva’s motion to quash the search warrant, suppress evidence and to dismiss the case for lack of probable cause.
Concurring with the decision are Associate Justices Apolinario Bruselas Jr. and Perpetua Susana Atal-Pano.
The RTC, in granting Villanueva’s plea, held that the police officers did not conduct the search in accordance with Section 8, Rule 126 of the Rules of Court because it was conducted without the presence of the lawful occupant or any family member.
It also quashed the search warrant due to the failure of police officers to comply with the rules on the use of body-worn cameras in the execution of the warrants as required under a Supreme Court memorandum.
However, the CA ruled that the requirement of body-worn cameras during the implementation of search warrants “is not absolute.”
“It (RTC ruling) delved into evidentiary matters that could only be passed upon in a full-blown trial where testimonies and documents could be fairly evaluated according to the Rules of Evidence. Precisely, there is a trial for the presentation of the prosecution’s evidence to prove compliance or non-compliance with the provisions of A.M. No. 21-06-08 issued by the Supreme Court,” it added.
The CA also stressed that the direct account of the police officers enjoys the presumption of regularity in the performance of their duties and unless there is clear and convincing evidence that the police officers were inspired by any improper motive or did not properly perform their duty, their testimonies on the operation deserve full faith and credit.
“Thus, unless the presumption is rebutted, it becomes conclusive. Since Villanueva failed to present or refute the evidence presented against him, therefore, the conduct of the operation of the police officers prevails and is presumed regular,’ the CA said.
The appellate court also did not give weight to Villanueva’s argument that the search warrant was issued by Antipolo City RTC Executive Judge Mary Josephine Lazaro despite lack of jurisdiction and that she failed to ask probing questions on the police officers when they applied for the warrant.
The CA noted that aside from Villanueva holding the position of municipal mayor, his two brothers previously served as police officers and one of them is also the current Association of Barangay Captains President in Mabini, Batangas.
“It is a matter of judicial knowledge that the authorities have to contend with power and influence, political or financial in nature, and so pervasive as to render foolhardy any attempt to obtain a search warrant,” the appellate court said.
The operation was carried out based on information provided to the PNP-Criminal Investigation and Detection Group that Villanueva and his brothers had in their possession illegal firearms and ammunition in two houses inside their compound in Sitio Silangan, Barangay Sto. Tomas, Mabini, Batangas.
The weapons were allegedly being used by the Villanuevas to intimidate individuals and protect their illegal gambling and oil smuggling activities.
