Cops not prohibited to serve search warrant inside jail—PNP

There is no law that prohibits the police from serving a search warrant inside a government facility, the Philippine National Police (PNP) maintained after some operatives came under fire for the killing of Albuera, Leyte Mayor Rolando Espinosa Sr. inside a Leyte jail before dawn Saturday.

“There is no law that says a search warrant may not be implemented in a government facility. That has happened before,” PNP deputy chief for administration Deputy Director General Francisco Uyami Jr. said in a press conference at Camp Crame on Monday.

Many are questioning the raid inside the cell of Espinosa and fellow inmate Raul Yap in the Baybay sub-provincial jail in Leyte. The search, which was carried out at 4:10 a.m. Saturday, was conducted by a 15-man team composed of Criminal Investigation and Detection Group (CIDG) and regional maritime police unit members.

READ: Leyte Mayor Rolando Espinosa killed in ‘firefight’ inside jail

Both Espinosa and Yap died in the raid after allegedly firing at the operatives.

The search was ordered by Judge Tarcelo Sabarre, presiding judge of the regional trial court Branch 30 of Basey, Samar. He issued separate search warrants for alleged violation of Republic Act No. 10591 or possession of illegal firearms against Espinosa and alleged violation of R.A 9165 or possession of illegal drugs against Yap.

Uyami justified the serving of the search warrant against Espinosa, saying that before the raid, police there had been receiving reports that Espinosa kept guns and drugs inside his cell.

“If the operating team believes that there are illegal activities and things to be seized, it’s their discretion to serve a warrant. There’s a procedure to be done by the judge. He has to personally examine the complainant and his witnesses so it has been established already that there were two search warrants issued by Judge Tarcelo Sabarre, of the Regional Trial Court Branch 30 of Basey, Samar so the way I see it, I believe the judge has already examined the complainants of the CIDG operatives and he was convinced so he issued search warrants against the facility,” he explained.

The police official said that during the search in the cell of Espinosa, a small heat-sealed sachet containing metamphetamine hydrochloride or “shabu” was found while police recovered 10 big heat-sealed sachets containing shabu, 27 big heat-sealed sachets containing dried marijuana and assorted drug paraphernalia in the cell of Yap.

Police were also able to recover a caliber super .38 pistol in the cell of Espinosa and another caliber .45 colt commander in Yap’s cell./rga

READ: Albuera police chief asks CIDG: Why was Espinosa killed over 1 gun?