The Bureau of Customs (BOC) on Thursday stressed there was “competent and convincing” evidence to prove conspiracy to import the P6.4 billion shabu shipment from China to the country.
In an 18-page memorandum filed with the Department of Justice (DOJ), the BOC said respondents “clearly” conspired to import the illegal drugs, and that the criminal cases should be brought to the trial.
“Clearly, respondents can be held liable as co-conspirators, financiers, facilitators and or principals, either by direct participation, indispensable cooperation and or inducement,” the BOC said.
“Since by its nature, conspiracy is planned in utmost secrecy, it can seldom be proved by direct evidence. Consequently, competent and convincing circumstantial evidence will suffice to establish conspiracy,” the bureau stressed.
The BOC identified the respondents as customs fixer Mark Ruben Taguba, businessman Kenneth Dong, Chen, Eirene May Tatad, owner of EMT Trading, consignee of the drug shipment, Chinese businessman Chen Ju Long, also known as Richard Tan, Taiwanese nationals Chen Min and Jhu Ming Jyun, warehouse caretaker Fidel Anoche Dee, Marcellana, Li and unidentified individuals whom the BOC believed to have been involved in the shabu shipment.
The bureau accused the respondents of unlawful importation in violation of provisions under the Customs Modernization and Tariff Act (CMTA) by allegedly conspiring to import the 604 kilograms of methamphetamine hydrochloride worth P6.4 billion.
The importation of the prohibited drugs was done through the use of fraudulent documents declaring the shipment to be containing cutting boards, footwears, kitchenwares and moulds, the BOC said.
“Defendants are one in their denial that there was no connivance among themselves. However, it is clear that based on their overt acts, each defendant may be constituted as principal by indispensable cooperation,” the bureau stressed.
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The drug shipment arrived at the BOC on May 17, 2017, and was released from the port on May 23.
On May 23, the container carrying the shipment was released from the Manila International Container Port and was loaded to the truck of Golden Strike Logistics, Inc., which Taguba owns.
The truck carrying the container was then brought to Hongfei’s warehouse in Valenzuela at 1 a.m. on May 24. The truck was brought inside the warehouse at 7:38 am on the same day.
On May 26, BOC operatives investigated the shipment at the Valenzuela warehouse upon a tip from Chinese Customs authorities.
The BOC discovered the crates, which were recovered inside the warehouse, contained cylinders packed with 605 transparent plastic bags of methamphetamine hydrochloride or shabu. /cbb