DOJ asks court: Reverse decision junking charges over P6.4-B shabu

The Department of Justice has asked the Valenzuela Regional Trial Court to reverse the dismissal of the smuggling charges against Chinese businessman Chen Ju Long, also known as Richard Tan and several others in relation to the P6.4-billion shabu shipment case last year.

State prosecutors, in a motion for reconsideration dated December 27, 2017, asked the Valenzuela RTC Branch 171 to reverse its ruling dismissing the criminal charges against Tan, Manny Li, Kenneth Dong Yi, Customs fixer Mark Ruben Taguba II, Eirene Mae Tatad, Teejay Marcellana, Chen I-Min, Jhu Ming Jyun, Chen Rong Huan, and three other still unidentified respondents.

Last May, authorities found 602.2 kilograms of shabu in a Valenzuela City warehouse owned by Tan, chairman of Philippine Hongfei Logistics Group of Companies Inc.

DOJ panel of prosecutors insisted that the Valenzuela RTC has the authority and jurisdiction to hear and try the cases in connection with the shabu shipment.

They argued that while the illegal drug shipment entered through the Manila International Container Port (NICP), its content were discovered in Valenzuela.

Valenzuela RTC Branch 171 presiding judge Maria Nena Santos on December 12 last year ordered the dismissal of the criminal cases against Tan and several others for "lack of jurisdiction."

The DOJ said that the Valenzuela RTC has already "acquired and exercised jurisdiction" over the case when it issued an order dated November 24, 2017 for the conduct of an ocular inspection of the seized illegal drugs.

It also cited a Supreme Court ruling stating that "the court wherein any of the crime's essential and material acts have been committed maintains jurisdiction to try the case; it being understood that the first court taking cognizance of the same excludes the other."

DOJ prosecutors have likewise argued that the crime of importation "was not yet fully consummated" when the shabu shipment arrived at the MICP as it's contents at that time was not yet known to be illegal drugs.

"The ingredient of discovery, which is clearly material, relevant and which consummated or accomplished the crime of illegal importation of dangerous drugs in this case occurred in Valenzuela City," the prosecutors's motion reads.

The prosecutors also asked the Valenzuela RTC to deny the omnibus motions filed by Tan, Li, Taguba, Marcellana, and Dong, "being without basis and by reason of the stated grounds and arguments." —Marlly Rome Bondoc/LBG, GMA News