Inadmissible evidence leads to Marimar's acquittal

THE illegal drug items and guns seized by the anti-narcotics agents during a raid at a compound in Kauswagan, Cagayan de Oro City in 2016 which were found by a court as "fruits of a poisonous tree" due to procedural lapses in the search resulted to the acquittal of what the authorities tagged as "Drug queen of the South" and nine others last week.

In a 25-paged decision, the Regional Trial Court, Branch 41, acquitted and ordered released from jail Johaira Macabuat, which was known as "Marimar" and "Mayora" and husband Suharto for drugs and illegal possession of firearm charges.

Also ordered released were Sandato Sarip alias "Sanny Santican" and Noraisa Sarip; Mark Gerald Sindac, Moamar Taher, Mariano Dagandara, Manot Duotan, Hezam Tambidan, and Kate Abinal.

"Finding that the PDEA operatives had committed irregularities in the implementation of search warrants, this court cannot, in conscience, appreciate the presumption of regularity in the performance of duty in their favor," the order said.

The court ruled that the testimonies of the defense have established that the bungalow house included by the operatives of the Philippine Drug Enforcement Agency (PDEA)-Northern Mindanao in the search is not part of, and in fact, separate from, the two-storey house specified in the warrant.

The court also finds that the “undisputed testimonies” further established that accused Johaira and Suharto Macabuat did not own or control the two-storey house subject of the search warrant.

"Despite its being a separate structure from the two-storey house specified in search warrant, the bungalow house was searched which is a clear violation of the rules on the implementation of search warrants," the decision reads.

The court also ruled that the raiding team violated the "witness-to-search" rule when the accused were not allowed to observe the search process.

Accused have insisted that PDEA-Northern Mindanao agents had conducted searches in both the bungalow and the two-storey house inside the compound even before village officials and the media arrived.

The court said the searches were made without the participation of the lawful occupants of the two houses as they were immobilized and seated in the living room of the two-storey house.

"It appears that the controversy in these cases is not only centered on the illegality of the implementation of the search warrants but also on the claim of the accused that dangerous drugs and paraphernalia seized were planted," the court said.

"Before the purported search witnessed by the barangay officials and media representatives, PDEA operatives roamed around the premises to be searched unaccompanied by any witness or the lawful occupants of the houses," the court added.

"They can do the search kung gipauban nila ang tagbalay but according to the judge they were just placed in one corner. Ang dapat ana magsunod-sunod ang occupants or witnesses," Regional State Prosecutor Merlynn Uy said.

"In this case, ang sulti sa judge gihimo ang initial search nga wala pa kaabot ang witnesses and the accused were not allowed to observe the search, so whatever makuha during the search mao nang gitawag nga fruit of the poisonous tree which cannot be used against the accused," she added.

After the acquittal, the accused were subsequently released from detention Friday afternoon.

The PDEA-Northern Mindanao earlier said they will look into and review the court's decision.

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