BOC insists smuggling raps should be filed vs. Mark Taguba, 8 others

The Bureau of Customs (BOC) on Thursday urged the Department of Justice (DOJ) anew to press smuggling charges in court against Mark Taguba and eight others in connection with the P6.4-billion shabu shipment from China.

The BOC, in a memorandum submitted to Assistant State Prosecutor Charles Guhit, said the respondents committed violations of Republic Act 10863 (Customs Modernization and Tariff Act) and Republic Act 9165 (Comprehensive Dangerous Drugs Act) by conspiring for the importation of the illegal drugs.

Authorities seized on May 26 last year the 602.2 kilograms of shabu from the Hongfei Logistics warehouse in Valenzuela City following a tip from the BOC's counterpart in China.

“Clearly, respondents can be held liable as co-conspirators, financiers, facilitators and or principals, either by direct participation, indispensable cooperation and or inducement,” the BOC said.

"Defendants are one in their denial that there was no connivance among themselves. However, it is clear that based on their overt acts, each defendant may be constituted as principal by indispensable cooperation," it added.

Named respondents in the complaint are Taguba, Philippine Hongfei Logistics Group of Companies Inc. chairman Chen Ju Long, also known as Richard Tan or Richard Chen, businessman Kenneth Dong, Eirene May Tatad, owner of EMT Trading, consignee of the drug shipment, Taiwanese nationals Chen Min and Jhu Ming Jyun, warehouseman Fidel Anoche Dee, customs broker Teejay Marcellana, Manny Li and unidentified individuals whom the BOC believed to have been involved in the shabu shipment.

The DOJ submitted the case for resolution after the parties submitted their respective memorandum.

DOJ prosecutors earlier filed a separate case for importation of dangerous drugs before the Valenzuela City Regional Trial Court against most of the respondents in the smuggling complaint but the court dismissed the charges last month, citing lack of jurisdiction.

The DOJ appealed the decision, arguing the court already "acquired and exercised jurisdiction" over the case when it ordered on November 24, 2017 an ocular inspection of the shabu shipment.

The prosecutors also said the crime was not consummated in Manila since it was not yet determined at the time that the contents of the shipment were illegal drugs. — RSJ, GMA News