Marcelino, co-accused in drug case ordered arrested

The Manila Regional Trial Court (RTC) has ordered the arrest of Lt. Col. Ferdinand Marcelino and his Chinese co-accused following the dismissal of their motion to dismiss the drug charges filed against by the Department of Justice.

In a ruling released on Thursday, Presiding Judge Daniel Villanueva of the Manila RTC branch 49 said the court found probable cause against Marcelino, a former Philippine Drug Enforcement Agency agent, and Yan Yi Shou and has junked their omnibus motion.

"There being prima face evidence of probable cause for the offense as charged against both above-named accused, it appearing that they are not yet at present under the jurisdiction of the Court, and by their cited Omnibus Motion... let the corresponding warrants of arrest be issued forthwith against said accused," Villanueva said in his ruling.

The Public Attorney's Office, on behalf of Marcelino and Shou, has asked the Manila RTC Branch 17 to suspend the issuance of warrants of arrest and to defer the arraignment pending the resolution of the motion.

The PAO also said that there was no probable cause to proceed with their trial for possession of dangerous drugs.

Villanueva presided over the case after Judge Felicitas Laron Cacanindin recused from the case due to her association with former PDEA Director General Arturo Cacdac.

In their motion, Marcelino and Shou claimed that they were at the subject house in Sta. Cruz, Manila on January 21 only to verify if it was shabu laboratory.

Both accused said they planned to inform the authorities if their suspicions were proven true.

Marcelino and Shou said that they were only fulfilling their lawful duties at the time of their arrest, when PDEA agents seized nearly 77 kilograms of shabu.

However, the Manila RTC argued the police were not prohibited to arrest any persons "who may be suspected of having committed or was committing a criminal offense" in the area of operation.

Villanueva said both Marcelino and Shou failed to establish a credible account of their presence in the house in their counter-affidavits.

"The burden developed upon the accused to give a good and credible account of theor presence in the premises. Up to this late date, they both failed so far to discharge said obligation," Villanueva said. —NB, GMA News