The Department of Justice will ask a Valenzuela City regional trial court to reconsider its decision dismissing the drug charges filed against nine persons, including Chinese businessman Chen Julong, alias Richard Tan, and customs broker Mark Taguba, in connection with the smuggling in of P6.4 billion of illegal drugs last year.
Justice Secretary Menardo Guevarra said the DoJ will file an appeal because it was not guilty of forum-shopping when it filed criminal charges against the accused before the Valenzuela City court.
“We will file a motion for reconsideration of the order of dismissal in the Valenzuela case [for transport of illegal drugs]. There is no forum-shopping involved because transporting illegal drugs is a distinct act from importation [case before Manila City RTC],” Guevarra said, in a text message.
“The act of importation ends at the Customs area. Transporting the drugs to Valenzuela is a separate act punishable under a different provision of the Dangerous Drugs Law,” the DoJ chief said.
Guevarra’s statement came after the Valenzuela City RTC, Branch 284, Judge Arthur Melicor granted the motion of three defendants—customs fixer Mark Taguba II, businessman Richard Chen, and Teejay Marcellana—to dismiss the drug transportation and delivery case filed by the DoJ against them.
The court ruled that 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.
It said the state prosecutors have filed a drug importation case before a Manila court—with the same set of accused and based on same arguments—after it was earlier dismissed by another Valenzuela court.
However, Guevarra pointed out that there is no forum-shopping involved and said he will seek the reversal of the Valenzuela court decision.
The DOJ chief said the recent decision of the Valenzuela court will not affect the case at the Manila RTC.
“Those two cases are distinct from each other and are based on different provisions of the Dangerous Drugs Law,” he said.
Apart from Taguba, Chen and Marcellana, the other defendants in the case included Li Guang Feng, alias Manny Li; Dong Yi Shen Xi, alias Kenneth Dong; Eirene Mae Tatad; Chen I-Min; Jhu Ming Jhun; and Chen Rong Huan.
In November, Valenzuela RTC Branch 180 Judge Nena Santos also dismissed the drug importation charges against the nine accused due to lack of jurisdiction.
The accused still have to face trial for similar drug charges refiled by the government prosecutors before the Regional Trial Court of Manila City.
The case arose from the Bureau of Customs’ 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 P6.4 billion worth of shabu shipment has been a subject of congressional inquiries that led to the resignation of former Bureau of Customs Commissioner Nicanor Faeldon.
Senator Richard Gordon underscored the need for the DoJ to ensure that the case filed before a Manila RTC is an airtight case.
“This was a very big shabu shipment and with the Duterte administration waging a war on drugs, it could be the centerpiece of this administration if the DoJ will win the drug case filed before the Manila RTC. I am glad that Justice Secretary Menardo Guevarra is forming a new team to handle the case and strengthening it,” he said.
The previous team filed drug importation charges at the Valenzuela RTC because the shabu was seized in a Valenzuela warehouse. In January, the Valenzuela RTC dropped the case for lack of jurisdiction saying that the alleged crime of importation happened at the Manila port.
Prosecutors immediately refiled the case at the Manila RTC Branch 46, which ordered the arrest \ of the customs brokers and Chinese middlemen.
However, it turned out that aside from refiling the case at the Manila RTC, the prosecutors also refiled drug transportation charges before the Valenzuela RTC Branch 248 using the same facts, issues and arguments.
Melicor junked the case on the grounds of forum shopping.
Gordon said the Senate Blue Ribbon Committee has conducted a thorough investigation and submitted a comprehensive committee report complete with recommendations accompanied by sufficient information and evidence.
Last month, the Manila RTC also issued hold-departure orders against the six foreigners indicted in the case. With Macon Ramos-Araneta