2 local officials condemn arrest
Credit to Author: Tempo Desk| Date: Sun, 07 Apr 2019 09:30:26 +0000
CEBU CITY – The camp of Aly Arquillano, the mayor of San Francisco, Camotes Island, and his brother Al Arquillano, the town vice mayor, believe that their arrests were politically motivated.
Retired Judge Meinrado Paredes, the brothers’ legal counsel, said the timing of the arrests was suspicious. “We believe that this is politically motivated since they were arrested just as the campaign period started,” Paredes said.
Al is running for mayor in the coming May 13 elections, while Aly is gunning for the vice mayoral seat.
The Arquillano brothers were arrested after police found firearms and explosives in their ancestral house during a raid last April 4.
Paredes said the arrest was illegal since the search warrant was defective. “The search warrant was null and void since the court that issued it has no territorial jurisdiction. A court can only issue a search warrant outside of it jurisdiction if there is a compelling reason. But how compelling is the compelling reason should be explained,” said Paredes.
The search warrant was issued by Executive Judge Leopoldo Cañete of the Regional Trial Court Branch 60 in Barili, Cebu.
Aside from the motion to quash the search warrant, Paredes said they will file a motion to suppress the seized evidence before the Danao City RTC.
“The conduct of the search was also illegal since the occupants were not able to witness the search,” said Edmundo Lao, legal counsel of the Bagong Alang sa Kauswagan ug Demokrasya. The Arquillano brothers belong to Bakud.
“The actual occupants were flushed out and were made to return to the house only after the search,” said Lao.
Among the supposed seized items were an AR 15 rifle, a .45 caliber pistol, a fragmentation grenade, a caliber .22 rifle, and assorted ammunition.
“I am not certain if they have firearms but the grenade was definitely planted,” said Paredes.
Lao said the family felt threatened when police arrived and told the occupants to move out. “They were told to just cooperate to avoid someone getting killed,” said Lao.
Joseph “Ace” Durano, Bakud party president, has also blamed politics for their party members’ arrest. “It is what it is. Party stalwarts are being targeted because they are supporting the (Agnes) Magpale-(Hilario) Davide tandem,” said Durano in a statement. (Calvin Cordova)