The Department of Justice (DOJ) on Wednesday filed an illegal drugs case against Marine Lt. Col. Ferdinand Marcelino and his Chinese companion at a Manila regional trial court, tweaking an earlier resolution that dismissed charges against the two.
The DOJ partially granted the motion for reconsideration filed by the Philippine National Police (PNP) anti-illegal drugs group and the Philippine Drug Enforcement Agency (PDEA) assailing its previous resolution that dropped the complaint against Marcelino and Yan Yi Shou.
Through state prosecutor Alexander Suarez, the DOJ accused Marcelino and the Chinese national of violating Section 11 (possession of dangerous drugs), Article II of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.
But the DOJ said the dismissal of complaint for violation of Section 8 or manufacture of dangerous drugs and/or controlled precursors and essential chemicals in relation to Section 26 (attempt or conspiracy) of Article II, RA 9165, was maintained.
The DOJ accused Marcelino and his companion of “conspiring, confederating and all of them mutually aiding one another, without being authorized by law, did, then and there willfully, unlawfully and feloniously have in their possession, control and custody of 76.6977 kilograms of ‘shabu.’”
Marcelino, a former PDEA intelligence officer, and his companion were arrested in a drug raid last January in a house in Sampaloc, Manila, where over P380 million worth of drugs were confiscated.
The DOJ also denied Marcelino and Yan’s motion to release personal effects seized from the accused, saying the objects seeking to be released were evidence.
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