While the Manila court found merit and junked the alleged charges against the activist couple in Metro Manila, it was not the case for an arrested rights defender in a distant court in the region of Laguna.
Calamba City Regional Trial Court Branch 37 denied the omnibus motion to quash search warrants and suppress evidence filed by elderly human rights worker Nimfa Lanzanas in a resolution released on November 24, 2021.
The 61-year old political prisoner was among the victims of the Bloody Sunday crackdown in Southern Tagalog last March 7, where nine people had been killed and six were arrested.
Another firearm and explosive raps
Nimfa was charged with illegal possession of firearms and explosives and alleged as a member of a gun-running syndicate, a similar police narrative against Human Rights Day 7 (HRD7) that the Mandaluyong court, which ruled on the case of Manila Today editor Lady Ann Salem and trade Unionist Rodrigo Esparago among HRD7, found with “baseless and inconsistent” points.
On Nimfa’s motion, she argued that the place search was not covered on the search warrants issued by Manila City 3rd Vice Executive Judge Jason Zapanta. She furthered that the testimonies of the police were marred with inconsistencies, thus posing a question as to how a probable cause was not established following the application of search warrants.
Her family alongside human rights defenders lambasted these accusations as such law enforcement operations along with the evidence found were basically planned and planted respectively.
Twist of fate
Nimfa was the auditor for Gabriela Southern Tagalog in 2009 before working as a paralegal for rights group Karapatan following the arrest of her peasant organizer son Edward Lanzanas on March 26, 2014. Edward is also a political prisoner arrested under the Aquino administration.
Edward was arrested and charged with kidnapping and murder raps he allegedly committed in 2007. He was only 17 and a high school graduate that year.
Nimfa on the other hand has actively campaigned for Edward’s freedom, learning every legal process in court. Still, the case of her son awaits resolution¾and so did hers.
In such a twist of fate, both Nimfa and Edward have been separated for seven long years; and now, both were arrested in March but on a different time setting, different administration, different arresting location.
Appeal of lawyers, rights group
Karapatan expressed disappointment following the decision of the Calamba court on the case of Nimfa.
“It is highly improbable that guns and explosives were stored in that small house with three small grandchildren of Lanzanas. There were several instances during the said raid when the State forces may have had the opportunity to plant these weapons,” said Karapatan secretary-general Cristina Palabay.
National Union of People’s Lawyers Atty. Josa Deinla also disagreed with the Calamba court decision, affirming that the warrants are without probable cause.
“From the arresting officers’ testimonies during the hearings, it also became clear that they ignored the address stated in the warrants and targeted Lanzanas’ home, demonstrating their ill will to detain Lanzanas, a human rights defender, on trumped-up charges,” Atty Deinla argued.
Atty. Deinla added that to hold the search as “valid” would allow police to arbitrarily modify or amplify the scope of the warrant.
“This is a power that they are not granted under the Constitution — precisely to safeguard the people’s right against unreasonable search and seizure,” the NUPL spox emphasized.
NUPL noted that Lanzanas’ case highlighted the pernicious practice of using planted witnesses and fabricated evidence and abusing legal processes intending to crack down on activists.
Currently, there are 709 political prisoners in the county, of which are 57 elderly political prisoners including Nimfa.
