The Regional Trial Court has acquitted a suspect charged with three offenses “out of respect for his rights.”

Presiding Judge Crescencio Tan Jr. of the  RTC Branch 30 said he has no other recourse but to acquit  Ernesto Sonjaco of charges of illegal possession of shabu paraphernalia, firearms and ammunition as the evidence gathered against him was rendered inadmissible in court for being “fruits of a poisonous tree.

Tan said he discovered a very glaring violation of the constitutional guarantee against unreasonable arrest and illegal searches conducted in the residence of Sonjaco, more than two years ago in West Balabag, Valencia, Negros Oriental.

Recovered during the raid were illegal drug paraphernalia, an M1 carbine rifle, and several rounds of ammunition for .45 caliber pistol and .38 revolver, among others.

The court, however, found that police operatives violated the Rules of Court as the suspect was not allowed to witness the actual search of the premises. Instead, both the accused and his father were herded into the sala, the court added.

Rule 126, Section 8 of the Revised Rules of Court of the Philippines states that no search of a house, room or any other premises shall be made except in the presence of lawful occupant or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality, Tan said.

Records of the case also showed that the inventory receipt was returned to the issuing court with having been verified under oath, and that the return of the search warrant was made not by the applicant but by another police officer.

Rommel Erames, counsel for the accused, said this should serve as lessons for the law enforcement units. The presumption of innocence of the accused is being upheld by the court, including his rights against unreasonable search and seizures, he added.*JG

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