PDEA’s invalid search, seizure lead to Marimar’s acquittal

A COURT in Cagayan de Oro City has ordered the acquittal of former Maguing, Lanao del Sur town mayor Johaira Abinal Macabuat alias “Marimar” who was tagged by authorities as “drug queen of the South” including nine others in connection with the drug charges filed by the anti-narcotics agents in 2016.

In the promulgation of judgment Friday, September 21, the Regional Trial Court, Branch 41, cited “invalid search and seizure” as grounds for the acquittal.

The drug suspects were arrested by the members of the Philippine Drug Enforcement Agency (PDEA)-Northern Mindanao by virtue of search warrant inside their residence in Barangay Kauswagan, this city, last July 23, 2016.

Sachets of suspected “shabu” (methamphetamine hydrochloride), firearms and ammunitions were confiscated during the raid.

The suspects were charged with possession of illegal drugs and illegal possession of firearms.

“Invalid search and seizure ang basis sa acquittal,” Regional State Prosecutor Merlynn Uy said.

Uy said an acquittal cannot be appealed.

“We respect the decision of the court. The prosecution of the case depends largely on the evidence available and presented in court. If the dangerous drugs and firearms were found to be products of an illegal search and seizure by the law enforcement officers, then these are already considered fruits of a poisonous tree and cannot be used against the accused,”Uy said.

“This serves as a reminder to our law enforcers to strictly observe the stringent legal requirements in implementing search warrants so that all their efforts will not be in vain,” she added.

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