Cotabato state college president ready to quash illegal drug raps

KIDAPAWAN CITY – The camp of a Cotabato state college president is ready to refute the "serious" charges, including the operation of illegal drug den inside the campus and illegal possession of firearms, filed against him by anti-narcotic authorities.

Cotabato Foundation College for Science and Technology (CFCST) president Dr. Sam Molao's lawyer Israelito Torreon said Friday over local radio that his client was surprised by the charges filed by the  Philippine Drug Enforcement Agency (PDEA).

PDEA filed the complaints against Dr. Malao last Monday before the office of the Provincial Prosecutor in Kidapawan City.

Attorney Torreon decried a "manhunt to arrest" order by the PDEA against his client.

“How can the PDEA issue a manhunt order... when there in no warrant for his arrest? Molao was really surprised to know that the charges had included his alleged operation of a drug den inside the school.  Is that possible that his school has a drug den?” the lawyer said over church-run dxND.

On January 29, PDEA from the national headquarters led by Levi Ortiz, director for Special Enforcement Services, and elements of the Philippine National Police-Special Action Force raided the Malao's yard inside CFST campus in Barangay Doruluman in Arakan, North Cotabato.

The raid was conducted over allegations that the campus has a shabu laboratory, and that high-powered firearms were also being kept there.

According to Torreon, members of the raiding team arrested five of CFCST security guards found possessing firearms during the campus raid.

PDEA's Ortiz was said to have claimed that his team also seized 13 firearms without pertinent papers.

But Molao's camp questioned the manner of the implementation of the  "search warrant."

“PDEA operatives arrested those persons who were not included in the search warrant.  They were security guards of the school.   They were just hired to secure the school from groups that are out to overtake or occupy it,” Torreon said.

Also, he argued that his client could not be arrested without a warrant for his arrest.

“Take note:  There was only a search warrant, not a warrant of arrest.  A search warrant gives authority to search a particular place.  It is not even an authority to search another place that was not mentioned in the document,” said Torreon, adding that he has been obliged to talk to media to clarify matters as regards his client’s case.

“I have to inform the PNP, the PDEA, and the military that they should not arrest Dr. Molao on sight.   We will be forced to file charges if authorities insist on arresting him without an arrest warrant," he pointed out.

Moreover, Torreon said that authorities can only arrest a person under the following circumstances: if there’s an arrest warrant, if the subject is committing a crime in their presence, if there’s probable cause that a crime has just been committed, and if law enforcers have personal knowledge that the suspect has committed a crime.

“Question: Is there a warrant for Molao’s arrest?  There is none.  Has the crime just been committed?  No.  The crime was [supposedly] committed on January 29, which is already more than 36 hours from today.  Do they have personal knowledge of the alleged commission of the crime?   They didn’t have.   Thus: PDEA does not have legal authority to arrest Dr. Molao,” Torreon said.

Two years ago, Molao was slapped with several charges, all serious allegations, but the court dismissed the charges, Torreon added. —LBG, GMA News