MANILA, Philippines — Department of Justice prosecutors on Monday appealed the decision of the Valenzuela city Regional Trial Court, which earlier dismissed the illegal drugs importation case of P6.4 billion worth of shabu shipment due to lack of jurisdiction.
The prosecution told Presiding Judge Maria Nena Santos in open court Monday that the 602 kilograms of suspected methamphetamine hydrochloride might have been unloaded at the Manila port, but the metal cylinders were delivered and later discovered by law enforcement agents at a Valenzuela city warehouse owned by Hongfei Logistics Group.
Prosecutors said the alleged importation of illegal drugs was a "continuing crime" and was not terminated in the port of Manila.
"What is clear from the present case is that the Honorable Court has authority, power, and jurisdiction to hear the present case because an essential and material ingredient of the crime (that is the ingredient of knowledge and discovery) occurred in Valenzuela City," the prosecution said in its appeal.
The defense was given five days to comment on the prosecution's motion for reconsideration.
The prosecution said the case could be refiled before the Manila Regional Trial Court.
In her order, Valenzuela City Regional Trial Court Branch 171 Judge Maria Nena Santos said she has no jurisdiction over the case because the information charges alleged importation of illegal drugs which happened when the supposed drug shipment arrived at the Manila International Container Port in May last year.
She said the alleged transportation and delivery of the shipment in Valenzuela City was covered under the different provision involving the sale, delivery, distribution or transportation of dangerous drugs under the Comprehensive Dangerous Drugs Act.
"Verily, the conclusion made by the prosecution that the offense of importation of illegal drugs is a continuing crime to include the delivery and discovery of the shipped items in a warehouse in Valenzuela City, has no basis in law," the order read.
The court thus granted the motions to quash information filed by Hongfei Logistics owner Richard Chen, Manny Li and Kenneth Dong and private broker Mark Taguba, who blew the lid on the alleged "tara" system at the Bureau of Customs.
Resigned Customs chief Nicanor Faeldon was earlier cleared by the DOJ from involvement in the case.
While all the alleged big players have yet to be charged, warehouse caretaker Fidel Anoche Dee remains in detention at the Valenzuela City jail for allegedly receiving the cylinders of alleged shabu.
He is set to face preliminary pretrial conference on January 23 before the Valenzuela City Regional Trial Court Branch 284 for possession of dangerous drugs.
Branch 284 Presiding Judge Arthur Melicor earlier denied consolidating the illegal drug importation case with Dee's illegal drugs possession case because the latter involved the warehouse caretaker's alleged receipt of only one of six alleged crates of shabu.