Judge orders return of Urbiztondo mayor’s firearms
URBIZTONDO—A judge from a local court has ruled in favor of this town’s mayor, ordering the National Bureau of Investigation (NBI) to return his firearms on the ground that the search and seizure warrants are void.
In a 27-page decision dated March 17, 2014, Presiding Judge Crisma Vismanos-Nabua of the 5th Municipal Circuit Trial Court Urbiztondo-Basista, Pangasinan, wrote: “Search and Seizure Warrant Nos. SW-4923 (13), SW-4927 (13) and SW-4928 (13), all dated 21 November 2013 are declared void and the articles seized by virtue thereof are declared inadmissible in evidence and should be returned to the accused-movant and/or to the registered owners.”
The firearms were taken from Mayor Ernesto Balolong Jr., who was also arrested by the NBI during the simultaneous raids in his house, piggery and poultry farms here last year.
Balolong was charged for allegedly possessing a cache of illegal firearms, some of which were reportedly used in high-profile crimes.
Nabua’s decision added, “Consequently, these cases have no more leg to stand on, and are dismissed.”
Among the seized items that were ordered to be returned were Balolong’s five Armscor caliber .45, Ellisco caliber 5.56, two Glock 17 9mm, Glock 19 mariner 9mm, M16 Ellisco, three M14, M4 Bushmaster caliber 5.56, Colt AR 15 Caliber 5.56, Barreta submachine gun 9mm, firearms licenses, Hydra-matic M16A1 caliber 5.56, Shotgun Remington Model 11-48, Garand Winchester 7.62mm M14, several magazines and ammunitions for these guns.
Majority of the licenses were under Balolong’s names while the rest belong to his wife Mirla, son Volter, and their workers in the piggery and poultry farms.
“Considering that the search and seizure warrant in this case was procured in violation of the Constitution and the rules of Court, all the items seized in petitioner’s house, being ‘fruits of the poisonous tree’ are inadmissible for any purpose in any proceeding,” the order said.
It added that the exclusion of these unlawfully seized evidence is the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures.
Balolong told local newsmen last week that he will consult his lawyers on possible legal actions against the judge who issued the search warrants and the raiding team.
“They (NBI team) have asked apology to me when I was detained in NBI-Manila and I forgave them but I am leaving to my lawyers what they think must be done,” Balolong said.
The mayor also asked his “political enemies”, whom he suspects to have had a hand in the raid, to stop harassing him.—Tita Roces
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