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NUPL moves to junk firearms, explosives possession cases vs 3 activists after CA ruling

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="Human rights advocates call for justice for detained activist-mother Reina Mae Nasino and her deceased child River Nasino in a candle-lighting protest in Quezon City on October 21, 2020. Mark Demayo, ABS-CBN News/file" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2022/news/09/09/20201021-baby-river-nasino-candel-lighting-md-5.jpg"/><figcaption>Human rights advocates call for justice for detained activist-mother Reina Mae Nasino and her deceased child River Nasino in a candle-lighting protest in Quezon City on October 21, 2020. Mark Demayo, ABS-CBN News/file</figcaption></figure></div><p>MANILA — The National Union of Peoples’ Lawyers (NUPL) on Friday moved to junk the illegal possession of firearms and explosives charges against activists Reina Mae Nasino, Alma Moran, and Ram Carlo Bautista, following a Court of Appeals ruling which voided the search warrants used against them.</p><p>In a joint manifestation and motion filed with the Manila Regional Trial Court Branch 47, NUPL cited the recent CA 12th Division decision which voided the search warrants used against the 3 activists during their arrest in Tondo, Manila in November 2019, where firearms and explosives were supposedly found.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/09/05/22/ca-voids-search-warrants-vs-baby-rivers-mother-2-others">CA voids search warrants vs Baby River’s mother, 2 others</a></li></ul><p>But the appellate court ruled there was no probable cause to issue the search warrants because at least 3 different addresses were used in the application for search warrants and the issuing judge, Quezon City Regional Trial Court Executive Judge Cecilyn Burgos-Villavert, did not probe the police applicant and witnesses, which could have avoided the erroneous address.</p><p>It also declared Manila RTC Judge Marivic Balisi-Umali to have erred in denying the activists’ motions to quash even when the QC court has yet to release records of the search warrant application, which should have been the basis for the denial.</p><p>“With the assailed search warrants already declared null and void, no valid legal process could have warranted the invasion of the searched premises, where the Movants were arrested. Hence, any evidence allegedly seized therefrom can no longer be used for any purpose in any proceeding, including the instant cases,” NUPL said.</p><p>“In view of the Court of Appeals’ Decision dated August 31, 2022, there is no more basis to sustain Movants’ prosecution before this Honorable Court and to continue their detention as persons deprived of liberty. Respectfully, it would be the heigh of injustice for Movants to continue being tried with evidence that, in law, has been considered fruits of the poisonous tree,” it added.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/multimedia/slideshow/10/17/20/baby-river-nasino-burial">Final Goodbye: Reina Mae Nasino attends Baby River&#x27;s funeral amid tight security</a></li></ul><p>The case of Nasino became controversial because she was arrested while pregnant and she gave birth to Baby River during detention in July 2020.</p><p>She and her lawyers fought to keep the baby with her but the Manila court denied her bid and Baby River was turned over to Nasino’s mother.</p><p>The baby died in October 2020 before she could be reunited with her then-23-year-old mother.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/spotlight/10/09/20/detained-mothers-baby-dies-before-given-a-chance-to-reunite">Detained mother&#x27;s baby dies before given a chance to reunite</a></li></ul><p>The case also highlighted the issue of so-called &quot;warrant factories.&quot;</p><p>The Supreme Court, in July 2021, responded to reports of abuses in the issuance and service of search warrants by issuing new guidelines clipping the powers of some courts to issue search warrants outside their jurisdiction while requiring law enforcers to use body-worn cameras during their implementation.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/07/10/21/supreme-court-body-worn-cameras-huge-step-human-rights-abuses">SC limits scope of issuance of search warrants, requires body-worn cameras in service of warrants</a></li></ul><div><strong>RELATED VIDEO</strong></div><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=2221970" width="100%"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

NUPL moves to junk firearms, explosives possession cases vs 3 activists after CA ruling

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NUPL moves to junk firearms, explosives possession cases vs 3 activists after CA ruling

Mike Navallo,

ABS-CBN News

Published September 09, 2022 05:08 PM PHT

Read More:

NUPL

Reina Mae Nasino

activists

red tagging

warrant factory

CA

Court of Appeals

activism

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