Eighteen suspected drug personalities have been released from jail following the dismissal of the complaint against them due to lack of probable cause, although one of them did not file a counter-affidavit.

The 18 individuals were arrested on Sept. 23, 2005, in a joint operation by the Task Force 24, the city police, the National Bureau of Investigation and Philippine Drug Enforcement Agency inside the so-called "drug den" in Barangay Looc, Dumaguete City, owned by Praxedes Academia.

However, due to alleged defects in the search warrant, they were ordered released and the cases set for a regular preliminary investigation.

The search warrant did not mention that the place is a drug den and had several rooms occupied by some of the respondents. The findings said the search was illegal, whimsical and arbitrary considering that they were not mentioned and included in the search warrant.

The joint resolution also said that even if six out of the 19 individuals were found positive for the use of illegal drugs, all the evidence against them are inadmissible in court being considered to be "fruits of a poisonous tree," because of a defective search warrant.

The City Prosecutor's Office, however, has recommended the filing of the information in court against Praxedes Emiliano Academia who was caught in plain view while in the act of sniffing shabu.*

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