Probe of militants' warrants intrusion into Judiciary’s mandate

From the Philippine News Agency (Dec 17, 2020): Probe of militants' warrants intrusion into Judiciary’s mandate (By Gigie Arcilla)

The resolution filed by members of the Makabayan bloc urging the House Justice Committee to conduct an investigation on the warrants issued by Quezon City Regional Trial Court (RTC) Judge Cecilyn Burgos-Villavert against militants, does not fall under the power of inquiry of the legislative branch.

Thus, said State Solicitor Gabriel S, Villanueva, Office of the Solicitor General’s spokesperson for the National Task Force to End Local Communist Armed Conflict (NTF ELCAC), in a statement on Dec. 16.

“The Legislative branch of government, much more any of its members, should not cross over the field of the determination of probable cause by the judge in the issuance of search warrants since, as earlier stated, the same is properly the domain of the Judiciary,” Villanueva said.

Villanueva was reacting to Bayan party-list representatives who have reportedly been on a media blitz trying to discredit Judge Villavert who issued search warrants that resulted in the arrest of trade union organizers and a journalist last week.

The Makabayan bloc, on Dec. 15, filed House Resolution 1427 urging the House Justice Committee to conduct an investigation, in aid of legislation.

The resolution said it was Villavert who authorized the conduct of raids in various offices of some militant groups in Tondo and Paco, Manila and in Bacolod last year.

It also pointed to Villavert as the one who issued "questionable" search warrants that led to the Dec. 10 arrest of Manila Today journalist Lady Ann Salem, and union organizers of labor group Defend Jobs Philippines namely Dennise Velasco, Mark Ryan Cruz, Romina Astudillo, Jaymie Gregorio, Joel Demate, and Rodrigo Esparago.

The seven suspects, who are reportedly officials of the Metro Manila Regional Party Committee (MMRPC) of the Communist Party of the Philippines-New People's Army-National Democratic Front (CPP-NPA-NDF), were arrested in simultaneous operations in Manila, Quezon City, and Mandaluyong.

Separation of powers

“House Resolution 1427 is a clear violation of the constitutional guarantee of separation of powers between and among co-equal branches of the government. In this case, between the legislative branch and the judicial branch of the government,” the statement added.

The determination of probable cause in the issuance of the search warrant, Villanueva said, is indisputably a function both constitutionally assigned and properly entrusted to the Judicial branch of government.

“What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause,” he added.

The contents of the House Resolution, he said, embody accusations that the issuance of the search warrants was founded on fabricated facts.

“Clearly the resolution was drafted not in aid of legislation, as Makabayan bloc claims, rather, to accuse and impose judgment to the judge who issued the warrants,” he said. “There is no re-examination of the law to speak of, as the mandate for the determination of probable cause in the issuance of search warrants is given by the Constitution itself.

Villanueva went on to say that the personal determination of the judge as to the existence of a probable cause is within the realm of its wisdom and it cannot be questioned by anybody unless there is grave abuse of discretion.

“The determination of grave abuse of discretion is also a matter lodged before the judiciary and not the legislative,” he added.

Accusations against Villavert, he said, amount to nothing more than an attempt to undermine her position as an impartial judge.

Lack of respect for rule of law

“This betrays their lack of respect for the rule of law. There are judicial processes by which they could have challenged the judge’s actions. If they have failed or have been remiss in their efforts to do so, it serves no one to attack a judge’s credibility and impartiality,” he said.

He added that a judge is under no obligation to lean to one side simply on the strength of their belief in their cause.

“The rule of law is paramount, regardless of where the chips may fall. We must not erode the public’s trust in the judicial system, simply because we find a judge’s ruling landing on the other side of the political divide,” Villanueva said. “Let justice prevail.”

https://www.pna.gov.ph/articles/1125026