Lt. Col. Ferdinand Marcelino. EDWIN BACASMAS/Inquirer File Photo
The Public Attorney’s Office (PAO) on Friday asked the Manila Regional Trial Court Branch 17 to dismiss the case filed against Marine Lieutenant Colonel Ferdinand Marcelino and his Chinese companion Yan Yi Shou.
In a 24- page motion, PAO led by Chief Persida Rueda-Acosta also asked the Manila Court to suspend the issuance of a warrant of arrest and defer the arraignment of the two accused.
Early this week, the DOJ filed a criminal case for violation of the Dangerous Drugs Act against Marcelino and Yan reversing its June resolution that cleared the two.
READ: DOJ files drug raps vs ex-PDEA exec Marcelino, Chinese cohort
“At the outset, it bears to note that the latest DOJ Resolution dated 15 September 2016, that which indicted both accused for possession of illegal drugs, was arbitrarily issued,” the motion stated.
The motion noted that two prior resolutions have already been released including that of the Quezon City Regional Trial Court which ruled that the evidence against the two is weak.
READ: DOJ dismisses drug case vs Lt. Col. Marcelino
PAO said the Quezon City Court itself conducted a full-blown trial where evidence was presented before allowing Marcelino’s temporary liberty.
The Manila Court will conduct a hearing on PAO’s motion next week. RAM