"Shabu queen," friend cleared

CEBU, Philippines - For failure of the police to comply with the requirements of the law, the Regional Trial Court cleared from charges the woman tagged as “shabu queen” and her friend.

Regional Trial Court Judge Macaundas Hadjirasul dismissed three criminal cases filed against Chuebe Lim and Edna Flores for alleged selling and possession of drugs.

“Hence, finding no evidence beyond reasonable doubt that any of the accused, Lim and Flores, is guilty of any of the offenses of which they are being respectively charged, they are hereby ordered acquitted thereof,” Hadjirasul’s decision reads.

Hadjirasul also directed the Cebu City Jail Warden to release the two women from detention and to submit a compliance report within 10 days.

The shabu that the arresting officers allegedly seized from the two women were forfeited in favor of the government.

Hajirasul cited three reasons in dismissing the case.

He said the prosecution failed to comply in the “objective test”-the details during the buy-bust operation after they failed to present the confidential informant or anyone who had personal knowledge of the accused and the alleged transaction.

Secondly, Hadjirasul said the prosecution failed to rebut Lim’s testimony and gave some impressions to the court that Police Supt. Pablo Labra was not aware of Lim’s alleged activities.

Hadjirasul said the arresting officers also failed to comply with the requirements of inventory of seized illegal drugs, chief of which is the presence of a lawyer or representative, representative from media, the Department of Justice, and an elected public official.

Lim and Flores were arrested at about 8:40 pm on February 3, 2010 following a buy-bust operation at Highway Tagunol, Cebu City. Police allegedly recovered packets of shabu from the two women, which weighed 4.42 grams, 4.89 grams, 1.74 grams and 0.18 grams, respectively.

PO2 Dennis Mosqueda of the City Anti-Illegal Drugs Special Operation Task Force testified that he was designated as poseur buyer together with confidential informant.

He said Labra provided him the money to transact with the respondents. He reportedly bargained with the respondents to lower down the price of five grams from P35,000 to P28,000.

Mosqueda said the transaction was consummated inside Lim’s vehicle. Flores was also inside. Afterwards, he gave a pre-arranged signal to other members of his team who arrested the two women.

Mosqueda’s testimony was corroborated by the other arresting officer.

Meanwhile, the defense presented Rosalinda Gerat, a food vendor, who said that Lim and Flores went to her house at Highway Tagunol to pay her the money Lim owed. 

After 15 minutes, the two women decided to go home so she accompanied them to Lim’s car. When they reached the car, a man and a woman reportedly approached and arrested Lim and Flores.

Lim and Flores corroborated Gerat’s testimony and said they could not have possibly sold drugs to Mosqueda because they knew him and knew that he was a policeman.

At the police office, Cebu City Intelligence chief Romeo Santander said the dismissal of the case shocked them, but said they have to respect the court’s decision, as well as the “view of the public.”

He said the case should be a lesson learned for them. “We are not perfect and it is also a lesson learned,” he said, pertaining to the technical lapses that the court cited in acquitting Lim and Flores. 

Still, Lim is not totally off the hook. Santander said his men served another arrest warrant against Lim yesterday afternoon for another drugs case. The warrant was issued by Regional Trial Court Executive Judge Soliver Peras on Tuesday.

Lim has been arrested previously for drug charges, the first was over two decades ago in 1990. (FREEMAN)