RED-TAGGING | Mandaluyong court junks raps against journalist and trade unionist arrested last month

February 5, 2021 , 09:21 PM

(February 5, 2021) – A Mandaluyong regional trial court on Friday dismissed the illegal possession of firearms and explosives charges filed against a journalist and a trade union activist for inconsistencies and a faulty search warrant.

Lady Ann Salem, a journalist with Manila Today, and Rodrigo Esparago would no longer need to face charges thrown by the police after Judge Monique Quisumbing-Ignacio voided the search warrant used against the two who were arrested last month. A separate release order is expected to be issued next week.

“Not knowing which cellphone and laptop they were supposed to seize, they took all that they found. This clearly shows that the Search Warrant suffered from vagueness,” a portion of the court’s decision said.

“Law enforcers are authorized to seize only those items listed in the search warrant leaving them with no discretion regarding what articles they shall seize.”

The court ruled the raiding team conducted “a fishing expedition” to seize and confiscate items not listed in the vague document issued by Quezon City Judge Cecilyn Burgos-Villavert.

The journalist was among seven activists arrested on December 10, the International Human Rights Day, as security forces had stepped up efforts against people suspected to have links with the Communist New People’s Army guerrillas.

Quisumbing-Ignacio also ruled the search warrants violated the Constitution as well as official court rules, rendering the seized items from Salem and Esparago inadmissible as evidence as these were considered “fruits of the poisonous tree”.

In quoting a 1999 decision of the Supreme Court, the regional court said: “It reminds the law enforcement authorities that they must do so (maintain peace and order) only upon the observance of the constitutional and statutory rights of our people. Indeed, ‘there is a right way to do the right thing at the right time for the right reason.'”

The court also found the testimonies of informants and police officers to be inconsistent, providing insufficient probable cause for the search warrant to stand.

Salem and Esparago were accused of participating in alleged gun-running activities, but the police were unable to substantiate their claims before the court.

Lawyers of the activists from the Public Interest Law Center (PILC) welcomed the court’s decision, saying it could also be used to challenge the charges filed against five other activists who were arrested alongside Salem and Esparago.

Search warrants used in raiding the residence of the five other activists were based on the same surveillance records and released by Burgos-Villavert.

“The dismissal of charges clearly demolishes the Duterte government’s vilification and red-tagging campaign against the Human Rights Day 7,” the PILC said, referring to the collective name given the arrested activists. “It is a severe blow to the NTF-ELCAC, which claimed the arrests as a victory in the anti-insurgency campaign.”

(Beatrice Puente/MM)

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.