MANILA – The Department of Justice (DOJ) has formally appealed before the Valenzuela City Regional Trial Court (RTC) to reverse its previous decision dismissing drug transportation charges against personalities involved in the P6.4-billion shabu shipment case.
Senior Assistant State Prosecutor Rassendell Rex Gingoyon filed a motion for reconsideration that disputed the decision of Valenzuela City RTC Presiding Judge Arthur Melicor.
Melicor dismissed the drug charges against Bureau of Customs (BOC) broker Mark Taguba, Chen Ju Long (a.k.a Richard Chen or Richard Tan), Li Guang Feng (a.k.a. Manny Li), Dong Yi Shen (a.k.a. Dong or Yi Shan Dong), Eirene Mae Tatad, Teejay Marcellana, Chen I-min, Jhu Ming Jyun, and Chen Rong Huan due to “forum shopping.”
Forum shopping is the institution of two or more actions with same parties and cause of action on the belief that either one of the courts would rule a favorable disposition.
The Valenzuela City RTC noted in its ruling that it was a case of forum shopping since a drug importation case with the same set of accused and arguments had been filed before a Manila City RTC.
“The prosecution’s move clearly bears the hallmarks of forum shopping and betray the intent to secure favorable judgment from different courts,” Melicor wrote in his ruling released earlier this month.
The state prosecutors, however, pointed out in its motion that there are two separate provisions under Republic Act (RA) 9165, or the Comprehensive Dangerous Drugs Act of 2002, for drug importation (Section 4) and drug transportation (Section 5).
They added that the two accusations have “distinct and separate elements” to impute the crimes.
“What counts is whether the offenders violated the provisions of the law. In this case, the answer is in the affirmative as the above-accused in their concerted acts, in conspiracy with each other, violated Section 4 and Section 5, both under RA 9165,” the DOJ said.
It added, “As such, it is immaterial whether the acts of the respondents alleged in the two [charge sheets] were for the purpose of achieving a common ultimate design or intent for what is material is that under the applicable law which is RA 9165, the said acts constitute separate and distinct offenses.”
The DOJ said “filing two separate [charge sheets] in two jurisdictions does not definitely constitute forum shopping or in contravention with the rule against multiplicity of suits.”
The drug suits stemmed from the BOC’s discovery of a 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 a subject of a lengthy congressional probe which also led to the resignation of former BOC commissioner Nicanor Faeldon./PN
