Court defers Marcelino arraignment

MANILA, Philippines - A Manila court deferred yesterday the arraignment of Marine Lt. Col. Ferdinand Marcelino on drug possession charges.

Judge Felicitas Laron-Cacanindin of Regional Trial Court (RTC) Branch 17 gave prosecutors 10 days to submit a comment on Marcelino’s petition, filed last Friday, to quash the charges filed against him by the Department of Justice (DOJ), said Public Attorney’s Office chief Persida Acosta.

In his 23-page motion, Marcelino and his co-accused Yan Yi Shou, the Chinese Interpreter who was arrested with him during a raid on a posh condominium unit in Sta. Cruz, Manila on Jan. 21, asked the court to suspend the arrest warrant to be issued, stop the arraignment and trash the case altogether because of lack of probable cause.

Marcelino also said that even before the Sept. 15, DOJ resolution came out two resolutions stating that the evidence against him and Shuo were weak have been released.

He was referring to the May 27 resolution of the Quezon City RTC Branch 82 and the DOJ resolution dated May 23.

Marcelino also argued that the chain of custody, as far as the evidence allegedly recovered from him is concerned, was violated because there were no inventory markings and the inventory did not happen in front of the accused and no DOJ representatives were present.