PNP: Withdrawal of Marcelino case sets ‘dangerous precedent’ on PHL drug ops

The Philippine National Police Drug Enforcement Group (PNP-DEG) on Friday warned that the Department of Justice's decision to drop the drug case against Lt. Col. Ferdinand Marcelino and his Chinese cohort would set a "dangerous precedent" on the government's future drug operations.

"[T]his group is wary that the said decision lays a dangerous precedent on drug operations being conducted by law enforcement agencies, since according to DOJ ruling on the Marcelino case, prior coordination with PDEA (Philippine Drug Enforcement Agency) is dispensable as long as an arrested person will be able to obtain a certification from the AFP (Armed Forces of the Philippines), NBI (National Bureau of Investigation) or any other Law Enforcement Agency that he/she is sharing vital information on illegal drugs, even if the said certification does not necessarily state that said sharing pertains to the operations he/she is arrested for," the PNP-DEG said in a statement.

"The said resolution likewise wants us to believe a sheer allegation of an arrested intelligence officer that after he/she managed to get hold of the drugs, he/she will eventually tell the Law Enforcement Agencies [and that] he/she is sharing the information about the drugs he confiscated, even if said Law Enforcement Agency has no prior knowledge of the fact that he will confiscate the said drugs," it added.

The PNP-DEG also asserted that such move from the DOJ lacked transparency and was "unacceptable in any Law Enforcement Operation."

It also accused Justice Undersecretary Deo Marco, who signed the 13-page resolution, of violating the "built-in safety nets of [Republic Act] 9165."

The PNP-DEG then reiterated that it would team up with the PDEA to "exert all legal efforts seeking reversal of the said resolution."

The DOJ earlier withdrew the drug charges against Marcelino and his Chinese companion, Yan Yi Shou pending before the Manila Regional Trial Court Branch 49.

Dated May 17, the review resolution affirmed the recommendation of Senior Deputy State Prosecutor Theodore Villanueva on May 23, 2016 to dismiss the complaint for insufficiency of evidence.

Marcelino, a former PDEA offical, and Yan had asserted in their case that they were only fulfilling their lawful duties at the time of their arrest, when anti-narcotics agents seized nearly 77 kilograms of shabu at a townhouse in Sta. Cruz, Manila on January 21, 2016.

The DOJ, in its resolution, said Marcelino and Yan have sufficiently proven they were in the performance of lawful duty when they were seen by the PDEA and PNP, thus disputing the evidence "purportedly establishing that they are probably involved in the manufature of illegal drugs, conspiracy in the manufacture thereof, or illegal possession of the same."

Marcelino left his detention facility at Camp Aguinaldo on Thursday afternoon, while Yan was released from Camp Bagong Diwa, Taguig City on Friday morning. — Marlly Rome Bondoc/MDM, GMA News