DOJ re-files raps on P6.4-B shabu haul in Manila RTC

DOJ prosecutors filed a motion for reconsideration (Pixabay photo)

MANILA — The Department of Justice (DOJ) has re-filed before the Manila Regional Trial Court (RTC) the criminal case against Chinese businessman Richard Tan and several others in connection with the PHP6.4-billion shipment of illegal drugs last year.

“New information for importation of dangerous drugs filed at RTC Manila yesterday, Jan. 24,” Justice Undersecretary Erickson Balmes told reporters Thursday.

Balmes also said that DOJ prosecutors filed a motion for reconsideration after the Valenzuela City RTC junked the raps for lack of jurisdiction.

Those who havebeen named as accused are Chen Julong, alias Richard Tan or Richard Chen; Li Guang Feng, alias Manny Li; Dong Yi Shen Xi, alias Kenneth Dong; Mark Ruben Taguba II; Eirene Mae Tatad; Teejay Marcellana; Chen I-Min; Jhu Ming Jhun; and Chen Rong Huan.

The DOJ found probable cause to indict for importation of dangerous drugs under Section 4, in relation to Section 26 (a) of Republic Act No. 9165, the Comprehensive Dangerous Drugs Act of 2002.

In finding probable cause against the above-named respondents for the importation of 602 kilograms of shabu, the panel determined that the combination of the individual participation of each of the respondents, either as shipper, consolidator, facilitator, broker, financier, consignee, or warehouse lessee – reveals a pattern of overt acts indicative of conspiracy to import into the country the dangerous drugs.

The panel recommended the filing of the corresponding criminal information for importation of dangerous drugs against the above named respondents with no bail recommended.

Under the case, the nine defendants are accused of having conspired in bringing into the country 602.279 kilograms of methamphetamine hydrochloride, locally known as shabu.

The DOJ filed the case at the Valenzuela RTC last November 22, 2017 after a panel of prosecutors issued a resolution which found probable cause to indict them.

The case stemmed from the Bureau of Customs’ (BOC) discovery of the shabu shipment at the Hong Fei Logistics warehouse in Valenzuela City on May 26, 2017 based on a tip from the Anti-Smuggling Bureau of the China Customs.

The shabu shipment managed to enter the country through the BOC after being declared as kitchenware, footwear and moldings.

Valenzuela City RTC Branch 171 presiding Judge Maria Nena Santos issued a ruling on Dec. 12 ordering the dismissal of the cases due to jurisdiction issues after the respondents filed their respective motions to quash the charges.

In her dismissal order, Santos explained that the crime of importation of dangerous drugs was already consummated when the drug shipment arrived at the Manila International Container Port (MICP) on May 15.