Manila court junks bid to nullify search warrant vs ‘ninja’ cop
The Manila Regional Trial Court on Wednesday denied the bid of Manila policeman to nullify the search warrant issued against him that led to the seizure of over 200 grams of shabu, firearms and almost P7-million cash.
Police Officer 2 Jolly Aliangan, previously detailed at the National Capital Region Police Office (NCRPO) anti-illegal drug unit, his wife Ronalie and nephew Jeffrey Gutierrez were charged with violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 before Manila Regional Trial Court Branch 53.
READ: Cop keeps P7M, ‘shabu’ in home fit for general
The three were arrested by members of the National Bureau of Investigation (NBI) in a raid conducted last May 25 in their three-storey house in Sta. Mesa.
Aside from shabu, the NBI also seized marijuana, drug paraphernalias, variety of live ammunitions and firearms such as bushmaster assault rifle, .38 caliber and six shooter caliber 22.
READ: NBI accused of extortion by arrested anti-narc cop
Authorities also discovered a vault containing P6,911,000.00.
In his motion and supplemental motion to quash the search warrant, Aliangan said the Malabon court issued the search warrant that is outside its jurisdiction.
He argued that only the executive judges or vice-executive judges in RTCs of Manila and Quezon City have the authority to act on applications for search warrants.
The prosecution, however, argued that under Section 2 of Rule 126 of the Rules on Criminal Procedure, a search warrant shall be filed “in any court within whose territorial jurisdiction a crime was committed; for compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced.”
The court agreed with the prosecution stating that Manila, where the warrant was enforced and Malabon are both within the National Capital Judicial Region.
The Manila court also found valid the explanation made by the NBI that it sought a search warrant before the Malabon court instead of Manila because Aliangan is a Manila-based police officer.
“Apparently, the probability of a ‘leak’ which may compromise the search was the compelling reason for the NBI application for the issuance of a search warrant from the RTC in Malabon City,” the court said.
With regards to the irregularities cited by Aliangan in the enforcement of the warrant, the court said such allegations were “unimpressive.”
“Basically, what have been raised as deficiencies or irregularities are matters of defense. NBI agents as public officers are entitled to the presumption of regularity in the performance of official duty in the absence of clear and convincing evidence that there were non-compliance with the requirements of the law,” the court said. RAM
