DOJ reverses self, files drugs raps vs. Marcelino, Chinese cohort

The Department of Justice (DOJ) has filed with a Manila court drug charges against Marine Lt. Col. Ferdinand Marcelino and his Chinese cohort, reversing a resolution last May that cleared the two of criminal liabilities. 

Acting on an appeal by the Philippine National Police, the DOJ found basis to charge Marcelino and Yan Yi Shou, alias Randy, a Chinese national, with possession of dangerous drugs on Tuesday. 

The DOJ, however, sustained its earlier decision dismissing the complaints 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 of the Comprehensive Dangerous Drugs Act (Republic Act 9165). 

Marcelino, a former official of the Philippine Drug Enforcement Agency, was arrested on January 21 during a raid in a shabu laboratory in Sta. Cruz, Manila. 

He claimed he was performing surveillance work when arrested for possession of 76.7 kilograms of shabu and 490 milliliters of liquid shabu. 

Yan, on the other hand, had claimed he was the one who tagged along Marcelino, whom he met while an "action agent" of the PDEA, to check out the town house which the Chinese suspected to contain illegal drugs. 

But for the DOJ, it would be better for Marcelino and Yan to explain their defense in court. 

"The burden of proving justifying circumstances, such as lawful performance of duty lies with the party that invokes it. Since respondents Lt. Col. Marcelin and Yan Yi Shou are invoking the defense of performance or fulfilment of a lawful duty or in the lawful exercise of a right or office, such defense is better off ventilated during trial," stated the resolution prepared by Assistant State Prosecutor Alexander Suarez and approved by Senior Deputy State Prosecutor Richard Anthony Fadullon. 

The DOJ previously junked the charges against Marcelino and Yan for insufficiency of evidence "without prejudice to whatever evidence the PDEA and the PNP would again submit to corroborate their complaint." — RSJ, GMA News