DOJ confirms Valenzuela court’s dismissal of P6.4B shabu case
The Valenzuela Regional Trial Court has affirmed its decision dismissing the drug charges filed against nine individuals involved in the alleged shipment of P6.4 billion worth of illegal drugs from China last year.
“I have been informed that our motion for reconsideration was denied,” Justice Secretary Menardo Guevarra said on Friday.
The Valenzuela RTC Branch 284 said the DOJ failed to raise new issues that would warrant a reversal of its April 23, 2018 ruling.
In its April 23, 2018 decision, Valenzuela RTC Branch 284 Presiding Judge Arthur Melicor granted the following: motion to dismiss filed by Chinese businessman Chen Julong, alias Richard Tan, as well as the motion to dismiss and recall of the warrant of arrest filed by Customs brokers Mark Taguba and Teejay Marcellana.
The court granted the motions on the ground of “forum shopping” or when a case involving the same facts is filed in two separate courts, hoping that one of them will rule favorably.
Tan’s co-accused in the case include Customs broker Mark Taguba; alleged middleman Li Guang Feng alias Manny Li; Dong Yi Shen Xi alias Kenneth Dong; import company owner Eirene Mae Tatad; customs broker Teejay Marcellana; Taiwanese businessmen Chen I-Min; Jhu Ming Jhun; and Chen Rong Huan.
Article continues after this advertisementTaguba and Marcella filed separate motions to dismiss which were also granted by the court.
Article continues after this advertisementMelicor said the prosecution’s move “clearly bears the hallmarks of forum shopping” and “betray [their] intent to secure favorable judgment from different courts.”
Guevarra said they will elevate the case to the Court of Appeals.
“We will question the trial court’s ruling before a superior court (Court of Appeals). We maintain that transport of illegal drugs is a distinct offense from illegal importation which ends at the customs area,” said Guevarra.
“The illegal importation case pending at RTC-Manila is not affected by this adverse ruling,” he assured.
During the ceremony, which also featured Department of Justice Menardo Guevarra as guest of honor and speaker, other Napolcom officials, and PNP Civil Security Group Chief Dir. Camilo Cascolan, as well as other partners were also honored for helping the commission with its projects.
The Foundation for Crime Prevention, Inc. and the Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc. were given the Community Service Award for their support to the 23rd National Crime Prevention Week.
Senior State Prosecutor Peter Ong of the National Prosecution Service of the Department of Justice, and retired Supt. Danilo Gervacio of the Philippine Center on Transnational Crime were also recognized for their contribution to the Technical Committee on Crime Prevention and Criminal Justice.
Another set of awards were given to C/Supt. Elpidio Gabriel Jr., Sr. Supt. Jose Chiquito Malayo and Sr. Supt. George Daskeo for helping in the formulation of PNP Entrance and Promotional Examinations and the Police Executive Service Eligibility examinations, which is seen to promote career development in the police service.
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Valenzuela RTC dismisses P6.4B shabu case vs 9 accused due to forum shopping
