Court: Release seized equipment to 72 Taiwanese-A A +A
Wednesday, May 23, 2012
THE Regional Trial Court (RTC) ordered Tuesday the release of equipment seized from the 72 Taiwanese in a series of raids last months.
"Considering the dismissal of the complaints which is invariably related to the search warrants issued by this Court the issue of the validity of the Search Warrants has become functus oficio or moot," RTC Branch 13 Judge Isaac Robillo said in his order.
Robillo directed that the personal properties of the respondents be released to all the respondents through lawyer Israelito Torreon.
The court said he has based his approval of releasing of the evidences seized after the City Prosecution Office (CPO) dismissed the criminal cases filed against the aliens.
Seized during the series of raids were laptop computers, cellphones and other electronic devices allegedly used by the aliens.
To recall, Torreon filed a motion to quash search warrants that was issued by Robillo.
He said the implementation of the search warrant was made in violation of Sections 8 and 11 of Rules 126 of the Rules on Criminal Procedure, manifesting that whatever evidences secured should be declared inadmissible and should be ordered to return to the respondents.
The said motion was opposed by the Taiwan police and Davao City Police Office (DCPO), saying that the evidences will be used for the prosecution of the cases filed against the foreigners in Taiwan.
The judge resolved the motion since the complainants did not file any motion for reconsideration for the dismissal of the criminal cases, "the dismissal therefore has become final."
The Bureau of Immigration said their office will deport the first batch of the 72 Taiwanese this week.
Meanwhile, RTC Branch 15 Judge Ridgway Tanjili, who issued the second search warrant, has yet to resolve Torreon's motion.
Published in the Sun.Star Davao newspaper on May 23, 2012.