Richard Tan, aka Chen Ju Long and Richard Chen . INQUIRER file photo / GRIG C. MONTEGRANDE
The Department of Justice (DOJ) has asked the Valenzuela regional trial court (RTC) to reconsider its dismissal of the drug importation charges against trader Richard Tan and several others tagged in the P6.4 billion shabu shipment case.
Judge Maria Nena Santos of the Valenzuela RTC Branch 171 dismissed the cases for importation of dangerous drugs against Tan (also known as Chen Ju Long) who owns the warehouse in Valenzuela where the shabu was discovered, Manny Li, Kenneth Dong Yi, Customs fixer Mark Ruben Taguba II, Eirene Mae Tatad, Teejay Marcellana, Chen I-Min, Jhu Ming Jyun, Chen Rong Huan, and three other unidentified respondents.
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.
READ: Owner of warehouse in shabu shipment moves to dismiss case
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.
The DOJ filed a 17-page motion for reconsideration on Dec. 17 asking the court to reverse its dismissal and deny the motions filed by the accused “being without basis and by reason of the afore-stated grounds and arguments.”
In its plea, the DOJ panel of prosecutors led by Assistant State Prosecutor Aristotle Reyes argued that the Valenzuela RTC has clear jurisdiction to try the cases even if the drug shipment entered Manila first.
The prosecutors argued that the crime of drug importation “was not yet fully consummated” as it was not yet known, at that time, that the contents of the container van were dangerous drugs worth P6.4 billion.
Authorities discovered the illegal drugs, concealed inside metal cylinders, at the Hongfei Warehouse located in Valenzuela City last May 26.
In addition, the Valenzuela RTC already acquired jurisdiction over the case when it issued an order dated Nov. 24 for an ocular inspection of the drug shipment, the DOJ argued.
“While it may be true that the act of entry or the act of bringing into the country the dangerous drugs initially occurred at the MICP on 15 May 2017 yet the place where the contents of which was discovered, learned and confirmed to be dangerous drugs occurred in Valenzuela City,” the motion read.
The DOJ also cited a Supreme Court (SC) case which stated that “the court wherein any of the crime’s essential and material acts have been committed maintains jurisdiction to try the case; it being understood that the first court taking cognizance of the same excludes the other.”
“The ingredient of discovery, which is clearly material, relevant and which consummated or accomplished the crime of illegal importation of dangerous drugs in this case occurred in Valenzuela City,” it said./jpv