By JEFFREY DAMICOG
The Mandaluyong City Regional Trial Court (RTC) ordered Friday the release of journalist Lady Ann Salem and trade unionist Rodrigo Esparago as it affirmed the dismissal of the illegal possession of firearms and explosives charges against them.
Presiding Judge Monique A. Quisumbing-Ignacio of the Mandaluyong City RTC Branch 209 denied the motion for reconsideration of the prosecution which sought to overturn her Feb. 5 order that dismissed the charges.
With this, the magistrate granted the separate motions of Salem and Esparago asking that an order be issued for their release.
“The Jail Warden is ordered to immediately release accused Lady Ann Salem y De Leon and Roedirog Esparago y Santos, unless they are being held for some other lawful cause,” Ignacio said in her March 5 order.
Salem and Esparago were among seven persons arrested last Dec. 10, International Human Rights Day, from their respective residences by policemen who were serving search warrants.
However, their supporters said charges against them were trumped up since the weapons and explosives that were recovered were planted.
In her March 5 order, the judge pointed out the inconsistent statements made by the police officers and their informant.
“As held by the Supreme Court, conflicting statements and declarations of law enforcers/witnesses destroy their credibility. Moreover, the evidentiary presumption that official duties have been regularly performed can be overcome by a showing that law enforcers involved deviated from the standard conduct of official duty provided for in the law,” she stated.
The judge agreed with Salem that “the subject Search Warrants may be quashed and declared void for lack of probable cause due to deliberate falsehood committed by applicant police officers and their alleged informant…”
The magistrate also agreed with the other points raised by Salem that the police informant “has no personal knowledge on the alleged illegal activities to justify the issuance of the subject search warrants” and that “there are inconsistencies in the statements of informant.”
Ignacio also pointed out the fact that Salem moved into her residence at Avida Tower on Oct. 23, 2020.
“This reinforces the court’s finding that informant Geronimo is not a credible witness as he testified that he met Esparago and Salem in May 2020 at Avida Tower and that they made deliveries of firearms, ammunitions and hand grenades from May to October 2020 which they allegedly got from Esparago at the said unit,” the judge said.
