MANILA – The decision of Valenzuela Regional Trial Court (RTC) affirming its previous ruling to dismiss charges against nine individuals involved the alleged PHP6.4 billion worth of shabu shipment is not yet final, Malacañang said on Monday.
Presidential Spokesperson Harry Roque said the Valenzuela RTC Branch 284 decision to deny the Department of Justice’s (DOJ) appeal for reversal of the court’s previous ruling can be refiled if necessary.
“Well, I have to underscore that there is no dismissal yet on the merits. So puwede po iyang ma-re-file, puwedeng kuwestiyunin iyong order ng RTC (So it can be refiled, the RTC order can still be questioned),” Roque said in a Palace press briefing.
Earlier, DOJ Secretary Menardo Gueverra said the Valenzuela court’s decision will be elevated to the Court of Appeals.
“Wala pa po tayong pagkatalo kumbaga. Venue lang po ang pinag-uusapan diyan, wala pa pong decision on the merits so hindi pa po completely dismissed ang kasong iyan. Madali lang po iyan, ire-re-file po iyan kung kinakailangan (We have not lost the case. It was just a decision on the venue. There’s no decision yet on the merits. So it is not yet completely dismissed. It can be easily refiled if necessary),” Roque said.
On April 23 this year, the Valenzuela RTC Branch 284 Judge Arthur Melicor dismissed the drug charges against nine individuals including Chinese businessmen Chen Julong and customs broker Mark Taguba.
The DOJ filed a motion for reconsideration but was eventually denied by Melicor reportedly due to DOJ’s failure to raise new issues that would warrant a reversal of the court’s previous ruling.
Aside from Julong and Taguba, other individuals charged in one of the biggest drug shipments from China are Teejay Marcellana, Li Guang Feng alias Manny Li, Dong Yi Shen Xi alias Kenneth Dong, import company owner Eirene Mae Tatad, and Taiwanese businessmen Cheng I-Min, Jhun Ming Jhun and Chung Rong Huan.
The shabu shipment was discovered at the Hong Fei Logistics warehouses in Valenzuela City on May 26, 2017 through a tip from China’s Anti-Smuggling Bureau.
At the height of congressional inquiry on the shabu shipment, Nicanor Faeldon stepped down as Bureau of Customs commissioner. (Jelly Musico/PNA)
