Political detainee Reina Mae Nasino, wearing full protective equipment and handcuffs, says her last goodbye to her three-month-old baby River at the Manila North Cemetery in October 2020. (Image from Kapatid)
MANILA, Philippines — Three political activists, including Reina Mae Nasino — whose 3-month-old daughter died weeks after being taken from her — will have to stay in jail for at least 15 days more while waiting for the court to rule on their motion to dismiss the illegal possession of firearms and explosives charges against them.
Kathy Panguban, Nasino’s counsel, said the prosecution represented by the Office of the Solicitor General (OSG) did not comment on their joint motion, even as the Manila Regional Trial Court (RTC) Branch 47 on Monday asked for a certificate of finality of the Court of Appeals’ recent decision nullifying the search warrants issued against her clients, that led to their arrest in the first place.
“We also manifested that the [OSG] has been served a copy of the Court of Appeals’ decision,” Panguban told the Inquirer, adding that they would wait for 15 days from the time the OSG receives the copy.
“If there is no appeal [from the OSG], the case will be dismissed,” she said.
In a decision dated Aug. 31, the appellate court’s 12th Division granted the petition for certiorari filed by Nasino, Ram Carlo Bautista, and Alma Moran against Manila RTC Judge Marivic Balisi-Umali.
The court also nullified the search warrants issued against the activists by Quezon City Judge Cecilyn Burgos-Villavert, noting that “all evidence procured by virtue thereof are deemed inadmissible.”
It cited “apparent irregularities” in the implementation of the search warrants that were sufficient to “debunk the presumption of regularity of performance of official duties.”
The ruling prompted the three political detainees, through the National Union of Peoples’ Lawyers (NUPL) to file on Sept. 9 a joint manifestation with motion seeking the dismissal of the cases against them, as well as their immediate release.
“In view of the Court of Appeals’ decision … there is no more basis to sustain movants’ prosecution before this honorable court and to continue their detention,” the NUPL said.
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