THE Court of Appeals (CA) has affirmed the validity of the search warrant issued by the Regional Trial Court (RTC) of Quezon City against the Parojinog family in July 2017 that led to the arrest and filing of various criminal charges against some of its members.
In a 15-page decision penned by Associate Justice Edwin Sorongon, the CA’s Special Eleventh Division junked the petition filed by Reynaldo Parojinog Jr., seeking the reversal of the orders issued by the trial court denying his motion to quash the search warrant and suppress evidence illegally obtained by law enforcers by virtue of the said warrant during a raid on their residence in Ozamiz City, Misamis Occidental, on July 30, 2017.
The operation led to a gunfight which resulted in the deaths of 16 individuals, including his father, former Ozamiz City Mayor Reynaldo Parojinog Sr.
Subsequently, the petitioner was charged with illegal possession of firearms and ammunition under Republic Act 10591 (Comprehensive Firearms and Ammunition Regulation Act), illegal possession of explosives under RA 9156 (Unlawful Possession of Explosive Devices) and for possession of illegal drugs under Republic Act 9165 (Comprehensive Dangerous Drugs Act).
Parojinog Jr. filed a motion to quash, arguing that the warrant was issued by the RTC without probable cause because the witnesses had no personal knowledge as to whether he was in possession of an unlicensed firearm.
He added the trial RTC also failed to conduct an examination through searching and probing questions before issuing the search warrants.
The petitioner also pointed out some alleged inconsistencies in the testimonies of the witnesses, which cast doubts on their veracity and accuracy.
The trial court, through QC RTC Branch 104 Presiding Judge, however, junked Parojinog Jr.’s motion to quash, saying that records reveal that Judge Cecilyn Burgos-Villavert of QC RTC Branch 89, who issued the search warrant, conducted examination of the records and affidavit of witness.
“All told, the court finds no grave abuse of discretion committed by public respondent Judge Manodon in issuing the assailed orders. To justify judicial intervention, the abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility,” the CA said in upholding the trial court’s decision.
“Herein public respondent Judge Manodon did not act in such a manner because her disposition of petitioner’s motion to quash the subject search warrant and motion for reconsideration was founded on factual and legal bases,” it added.
Last May 2019, Parojinog Jr. was found guilty of possession of illegal drugs during the 2017 simultaneous police operation.