CA junks OSG’s plea vs journalist, unionist
The Court of Appeals has junked the plea of the Office of the Solicitor General to reverse the 27 January ruling that affirmed the Mandaluyong trial court's decision quashing the search warrant issued against journalist Lady Ann Salem and union organizer Rodrigo Esparago.
This was contained in a three-page resolution issued by the CA's 12th Division through Associate Justice Jose Lorenzo dela Rosa which said that the OSG failed to raise new arguments that would warrant a reconsideration of its 27 January decision.
The CA said the OSG motion for reconsideration failed to present any new and substantial matter, or any cogent and compelling reason that would justify reconsideration of the court ruling.
"Let it be emphasized that the filing of a motion for reconsideration does not impose on this Court the obligation to discuss and rule again on the grounds relied upon by petitioner, which were mere reiterations and of the issues previously raised and thoroughly determined and evaluated in this Court's decision," it added.
Salem, editor of Manila Today, and Esparago were arrested on 10 December 2020 after authorities claimed they found illegal firearms, including pistols, grenades and ammunition during a raid at her residence in Mandaluyong.
The raid was conducted by virtue of a search warrant issued by Quezon City Executive Judge Cecilyn Burgos-Villavert.
The Mandaluyong RTC in February 2021 voided the search warrant and held that the illegally seized firearms are inadmissible evidence against Salem and Esparago.
This led to the dismissal of the illegal possession of firearms and explosives charges against the two.
The Mandaluyong RTC declared the search warrant void for being vague after authorities failed to seize only the items covered by the warrant.
The CA upheld the ruling of the Mandaluyong RTC last 27 January.
The OSG, in its motion for reconsideration, insisted that the search warrant was valid "as it satisfied the requirements of specificity" and it was issued in accordance with the law.
