Sun.Star Cagayan de Oro

‘Drug queen’ freed

PDEA-10’s invalid search and seizure leads to Marimar’s acquittal

- By Alwen Saliring

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 judgement yesterday, 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-Northern Mindanao (PDEA-10) 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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