DOJ asks Valenzuela RTC to reverse junking of drug raps vs. 9 suspects

FILE: The Department of Justice (DOJ) asked the Valenzuela Regional Trial Court (RTC) to reconsider its dismissal of the drug charges filed against nine persons, including Chinese businessman Chen Julong alias Richard Tan and customs broker Mark Taguba, in connection with the PHP6.4-billion shipment of illegal drugs from China last year. (Photo: Senate of the Philippines /Facebook)

MANILA — The Department of Justice (DOJ) asked the Valenzuela Regional Trial Court (RTC) to reconsider its dismissal of the drug charges filed against nine persons, including Chinese businessman Chen Julong alias Richard Tan and customs broker Mark Taguba, in connection with the PHP6.4-billion shipment of illegal drugs from China last year.

State prosecutors on Wednesday filed a 19-page motion for reconsideration asking Valenzuela City RTC Branch 284 Judge Arthur Melicor to reverse his ruling dismissing the criminal case against Taguba and Tan, others accused — alleged middle man Li Guang Feng alias Manny Li; Dong Yi Shen Xi alias Kenneth Dong; import company owner Eirene Mae Tatad; customs broker Teejay Marcellana; Taiwanese businessmen Chen I-Min; Jhu Ming Jhun; and Chen Rong Huan.

In its decision dated April 23, Melicor granted the motions to dismiss ad cautelam (as a precaution) filed by Julong and entry of appearance with urgent omnibus motion to dismiss and recall the warrant of arrest filed by Taguba and Marcellana to dismiss the complaint on the ground of forum shopping.

Melicor said the prosecution’s move “clearly bears the hallmarks of forum shopping” and “betray [their] intent to secure favorable judgment from different courts.”

Forum shopping happens when a case is filed in two separate courts in hopes that one of them will rule favorably.

In its plea, the DOJ panel of prosecutors, led by Senior Assistant State Prosecutor Rassendell Rex Gingoyon disputed Melicor’s ruling that they committed forum shopping

They argued that there are two separate provisions under the Comprehensive Dangerous Drugs Act of 2002 for drug importation (Section 4) and drug transportation (Section 5). They also argued that the two accusations have “distinct and separate elements” to impute the crimes.

“What counts is whether the offenders violated the provisions of the law. In this case, the answer is in the affirmative as the above-accused in their concerted acts, in conspiracy with each other, violated Section 4 and Section 5, both under R.A. No. 9165,” read the 19-page motion for reconsideration.

“As such, it is immaterial whether the acts of the respondents alleged in the two information (charge sheets) were for the purpose of achieving a common ultimate design or intent for what is material is that under the applicable law which is R.A. No. 9165, the said acts constitute separate and distinct offenses,” state prosecutors noted.

“Filing two separate information in two different jurisdictions does not definitely constitute forum shopping or in contravention with the rule against multiplicity of suits,” the prosecutors added.

Earlier, Justice Secretary Menardo Guevarra believes that the recent decision of the Valenzuela court will not affect the case at the Manila RTC.

“The dismissal of the Valenzuela case for transporting illegal drugs has no bearing whatsoever on the pending cases in Manila for illegal importation of dangerous drugs,” he said.

“Those two cases are distinct from each other and are based on different provisions of the dangerous drugs law,” he explained.

The accused still have to face trial for similar drug charges re-filed by the government prosecutors before the Regional Trial Court of Manila City.

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 604-kilogram shabu shipment is one of the biggest hauls of smuggled drugs in the country, and was a subject of a lengthy congressional probe which also led to the resignation of former Bureau of Customs Commissioner Nicanor Faeldon.