Peralta to leave SC as issues hound judiciary

Metro Manila (CNN Philippines, March 19) — Chief Justice Diosdado Peralta will retire next week, but he will leave the judiciary hounded by controversies.

The "Bloody Sunday" incident that left nine activists dead has reached the attention of the Supreme Court, with justices pushing for their own recommendations on how to go about the rules on search warrants.

The high court is currently considering a proposal to require the use of body cameras for law enforcers when executing warrants.

But Peralta said this will take time, and the tribunal is "very careful" in exercising its power to promulgate rules.

"When you amend the rules, you invite all parties, because it's only in the deliberations that we will receive suggestions, not only from police or lawyers but also from the academe and retired magistrates, or known luminaries, experts in remedial law," he said.

A source told CNN Philippines the judges are "doing it right" in issuing warrants based on the SC's initial investigation.

"It is in implementation by police where there are complications," the source related.

Peralta explained it is premature for him to say if the SC can intervene.

In a report prepared by Court Administrator Midas Marquez on the simultaneous service of search warrants on March 7, the Manila court received 62 applications and granted 42. Meanwhile, the Antipolo court processed nine applications and granted four.

But Marquez pointed out that the issuance of search warrants by judges and their implementation are two separate acts.

"The issuance of search warrants is judicial in nature. As such, judicial remedies are available to those aggrieved by their issuance. Any action at this time on their issuance may preempt any judicial recourse any party may take," he said.

The chief magistrate noted law enforcers must report to the lower courts what happened to the service of search warrants, and until such time, the Supreme Court cannot comment because they do not know what would be the report of the police officers, Peralta added.

"Kung mali ang pag-serve ng search warrant [If the way the warrant was served was wrong], those who are affected by the service of search warrant ang remedy doon ay [the remedy there is] judicial. They may file a motion to quash the search warrant because of the unreasonable search," he explained.

Red-tagged judge

Peralta said the high court has already provided "concessions" that Mandaluyong Judge Monique Quisumbing-Ignacio requested, but he declined to disclose details.

Ignacio was red-tagged in a tarpaulin displayed along EDSA weeks after ordering the release of journalist Lady Ann Salem and trade unionist Rodrigo Esparago.

"Of course we are always after the welfare of our judges but whatever her decision is, that's her decision, to quash the search warrant, whatever it is we respect her decision," Peralta said. "If her life is threatened, the first thing that we do is protect her because she's our employee."

Ignacio voided the search warrant issued by Quezon City Judge Cecilyn Burgos Villavert, effectively dismissing the illegal possession of firearms and explosives cases against Salem and Esparago.

Various groups condemned the red tagging. In a statement, La Salle Green Hills Alumni Lawyers Association said it was a clear attack not only on Ignacio but also on the entire judiciary and legal profession.

"We believe that is reckless and barbaric to red-tag judges like Judge Monique," the group added.

Killings in legal profession

Responding to the letter of the University of the Philippines College of Law seeking SC intervention to protect its lawyers, Peralta said it will be part of next week's agenda.

"I cannot speak for the other members of the court but what I can do is place in the agenda and let that petition be raffled and let us see what would be the recommendation of the member in charge," he said.

Almost 900 UP Law faculty and lawyers signed the letter requesting the high court to convene a "Special Committee to Protect Lawyers," which will investigate the letter sent by Calbayog police to a local court requesting the names of lawyers representing "Communist Terrorist Group" personalities. The committee will also look into all similar requests and explore the need to promulgate rules to protect lawyers.

They also want the SC to order the Philippine National Police to explain the letter. Peralta said it can be done.

"But we have to follow the process, let us see the development. As I said, as of now, what we know are those we read from newspapers and claims we read from other persons and let us see what will happen in next en banc session," Peralta added.

Next Tuesday's en banc session will be Peralta's last before he retires on March 27.