MANILA — The Bureau of Customs (BOC) on Thursday reiterated that the nine suspects in the PHP6.4 billion shabu haul from China conspired to import such contraband.
During the continuation of preliminary investigation on the case on Thursday, the BOC submitted their 18-page memorandum to Assistant State Prosecutor Charles Guhit asked to indict the respondents on charges for violations of Republic Act 10863 (Customs Modernization and Tariff Act) and Republic Act 9165 (Comprehensive Dangerous Drugs Act).
The BOC said respondents had “clearly” conspired to import the illegal drugs, and that the criminal cases should be brought to the trial court.
“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.
“Since by its nature, conspiracy is planned in utmost secrecy, it can seldom be proved by direct evidence. Consequently, competent and convincing circumstantial evidence will suffice to establish conspiracy,” the bureau stressed.
The respondents are customs fixer Mark Ruben Taguba, businessman Kenneth Dong, Chen, Eirene May Tatad, owner of EMT Trading, consignee of the drug shipment, Chinese businessman Chen Ju Long, also known as Richard Ta, Taiwanese nationals Chen Min and Jhu Ming Jyun, warehouseman Fidel Anoche Dee, Marcellana, Li and unidentified individuals whom the BOC believed to have been involved in the shabu shipment.
The bureau accused the respondents of unlawful importation in violation of provisions under the Customs Modernization and Tariff Act (CMTA) by allegedly conspiring to import the 604 kilograms of methamphetamine hydrochloride worth P6.4 billion.
The importation of the prohibited drugs was done through the use of fraudulent documents declaring the shipment to be containing cutting boards, footwears, kitchenwares and moulds, the BOC said.
Guhit declared the case submitted for resolution after the parties submitted their respective memorandum.
Chen Ju Long is the chairman and general manager of Philippine Hongfei Logistics Group of Companies Inc. which owns the warehouse in Valenzuela City. This was where the 604 kilograms of methamphetamine hydrochloride, locally known as shabu, was discovered last May 26.
Last November 22, the Department of Justice (DOJ) filed before the Valenzuela City Regional Trial Court against the same respondents except for Dee based on the complaint of the Philippine Drug Enforcement Agency (PDEA) and National Bureau of Investigation (NBI) concerning the same drug shipment.
The DOJ panel of prosecutors found probable cause to charge him in court in connection with the charges filed by PDEA and NBI.
Aside from Tan, also charged were Mark Ruben Taguba II, Li Guang Feng alias Manny Li, Dong Yi Shen Xi alias Kenneth Dong, Eirene Mae Tatad, Tee Jay Marcellana, Chen I. Min, Jhu Ming Jhun and Chen Ronghuan.
The panel said that the combination of the individual participation of each of the respondents, either as shipper, consolidator, facilitator, broker, financier, consignee, or warehouse lessee – reveals a pattern of overt acts indicative of conspiracy to import into the country the dangerous drugs.
The panel recommended no bail for each of the accused. (Christopher Lloyd Caliwan/PNA)
