DOJ withdraws drug case vs Marcelino, alleged accomplice

MANILA, Philippines—The Department of Justice on Thursday ordered the withdrawal of the drug case against Marine Lt. Col. Ferdinand Marcelino and his Chinese companion.

The 13-page resolution signed by DOJ Undersecretary Deo  Marco is once again clearing Marcelino and his alleged accomplice, Yan Yi Shou alias Randy from their case after determining that they sufficiently proved that they were just performing their lawful duty in a drug raid operation.

“Lt. Col. Marcelino and Yan Yi Shou have sufficiently proven that they were in performance of a lawful duty when they were chanced upon by the PNP and PDEA joint team, thereby negating the evidence of the complainants-appellees purportedly establishing that they are probably involve in the manufacture of illegal drugs, conspiracy in the manufacture thereof or illegal possession of the same,” the resolution read.

The two suspects were previously cleared from the case on June 21 after Senior Deputy State Prosecutor Theodore Villanueva recommended its dismissal over insufficiency of evidence. However, in September 2016, the DOJ reversed the June 21 resolution.

Assistant State Prosecutor Alexander Suarez earlier said there is reasonable ground to charge Marcelino and Yan guilty. He added that the information of the charges of illegal drugs filed was approved by Senior Deputy State Prosecutor Richard Anthony Fadullon.

The latest DOJ resolution promulgated last Wednesday reversed the one issued on September 21.

“Wherefore, premises considered, the Petition for Review is GRANTED. The Resolution dated September 15, 2016 of Assistant Prosecutor Alexander Q. Suarez, as approved by Senior Deputy State Prosecutor Richard Anthony D. Fadullon, is hereby REVERSED AND SET ASIDE, and the Resolution dated May 23, 2016 of Senior Deputy State Prosecutor Theodore M. Villanueva is hereby AFFIRMED,” the resolution read.

“Correspondingly, the City Prosecutor of Manila is directed to MOVE FOR THE WITHDRAWAL of the Information in Criminal Case No. 16328515,” it added.

Marcelino and Yan were nabbed last January 2016 in a suspected drug laboratory in Manila for allegedly possessing 76,697.7 grams or P380 million worth of shabu. They were charged with violating Sections 11 and 26 of the Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

RA 9165 pertains to the manufacturing and possession and conspiracy in the manufacturing of illegal drugs.

Last January, DOJ prosecutors asked the Manila Regional Trial Court to issue a hold departure order against Marcelino. He then voluntary surrendered before the Armed Forces of the Philippines.