MANILA — The Department of Justice (DOJ) has recommended the filing of charges against nine persons, including Chinese businessman Chen Julong, alias Richard Tan, and customs broker Mark Taguba, for violation of the Customs Modernization and Tarriffs Act (CMTA) in connection with the PHP6.4-billion shipment of illegal drugs last year.
In a 26-page resolution dated Aug. 15 approved by Senior Deputy State Prosecutor Richard Anthony Fadullon, Officer-in-Charge Prosecutor General, the DOJ found probable cause to charge Taguba, Chen, chairman and general manager of freight forwarder Hongfei; Irene Mae A. Tatad, owner of EMT Trading; Teejay A. Marcellana, a registered broker; Li Guang Feng alias Manny Li, facilitated the release of the shipment from the Bureau of Customs (BOC); Dong Yi Shen alias Kenneth Dong, the one who tapped Taguba; Fidel Anoche Dee, alleged consignee; Chen I. Min and Jhu Ming Jyun, who rented the property eventually used as warehouse for the shabu shipment and several John and Jane Does.
The DOJ held that the actions of the respondents showed conspiracy in bringing the shipment into the country.
“We find no merit on respondents claim that the importation documents they signed, processed and filed at the BOC show only an importation of ‘cutting boards, footwear’s, kitchenware’s and moulds. The dangerous drugs were concealed with legally imported merchandise on the chance that the former could escape detection,” read the resolution written by Assistant State Prosecutor Charlie Guhit.
“Respondents’ defense that they were not aware that the shipment they received contained dangerous drugs deserves scant consideration. What matters is that they committed act/s which has a vital connection to the chain of conspiracy, that without such act, the unlawful importation would be unsuccessful,” it added.
The DOJ added that the filing of the criminal case against respondents for importation of dangerous drugs under RA 9165 would not render the case moot and academic considering that in this case they are charged with offense punishable by the CMTA.
It pointed out that smuggling may be committed ever after the importation.
“When the prohibited articles entered the Philippine territory and respondents thereafter received and facilitated the transportation of said articles to its final destination, as in this case, to the ultimate consignee Dee at the warehouse located at No. 3050 F. Bautista St. Barangay Ugong, Valenzuela City, knowing the same to have been imported contrary to law, herein respondents undoubtedly committed another act of unlawful importation,” the DOJ said.
Hongfei, an international freight forwarder with an expired license to operate in the Philippines, hired Li in February 2017 to handle the release of the shipments from BOC. Li then approached Dong to search for a customs broker. Dong, then tapped Taguba to facilitate BOC documents for an “all-in price” of PHP190,000. Taguba will provide for a dummy consignee (EMT) and pay the taxes and duties as well as deliver the containers to the owner.
Taguba then tapped Tatad’s EMT to act as dummy consignee with a retainer fee of PHP1,500 per container. Taguba then hired Marcellana to process EMTs documents to receive the shipments from China.
The property in Valenzuela, on the other hand, was rented by Chen and Jhu from Dee’s sister while Enoche Dee is the “ultimate consignee.”
All the respondents, in their separate counter affidavits, told the DOJ that they do not know the contents of the shipment saying they merely relied on the documents about the contents.
Tatad said EMT only entered into the picture as “consignee for hire” of which only the name was used by Taguba to facilitate BOC documents.
Based on the documents, the shipment that arrived from Quanzhou, China on May 16, 2017 contained cutting boards, footwears, kitchenwares and moulds.
Earlier, the Valenzuela Regional Trial Court (RTC) has denied the DOJ plea, seeking to reverse its decision that dismissed the drug charges against nine persons.
Justice Secretary Menardo Guevarra said they will elevate the case to the Court of Appeals (CA).
“We will question the trial court’s ruling before a superior court (Court of Appeals). We maintain that transport of illegal drugs is a distinct offense from illegal importation, which ends at the Customs area,” he said.
“The illegal importation case pending at RTC-Manila is not affected by this adverse ruling,” he added.
The accused still have to face trial for similar drug charges re-filed by the government prosecutors before the Manila RTC.
The case stemmed from the Bureau of Customs’ (BOC) discovery of the shabu shipment at the Hong Fei Logistics warehouse in Valenzuela City on May 26, 2017 based on a tip from the Anti-Smuggling Bureau of the China Customs.
The 604-kilogram “shabu” shipment is one of the biggest hauls of smuggled drugs in the country, and was the subject of a lengthy congressional probe that also led to the resignation of former BOC commissioner Nicanor Faeldon. (PNA)
