DOJ indicts Taguba anew for drug smuggling

MANILA, Philippines — The Department of Justice (DOJ) has again indicted customs broker Mark Taguba and eight others implicated in the smuggling of a P6.4-billion shabu shipment that was intercepted in May last year.

This time, the DOJ filed charges of violation of the Customs Modernization and Tariff Act (CMTA) against Taguba and several others who were already previously indicted for violations of Republic Act 9165 (Comprehensive Dangerous Drugs Act).

The investigating panel of prosecutors found probable cause in the complaint filed last year by the Bureau of Customs (BOC) against Taguba and fellow customs broker Teejay Marcellana, businessmen Richard Tan, Kenneth Dong and Manny Li, Taiwanese nationals Chen Min and Jhu Ming Jyun, warehouseman Fidel Anoche Dee and trader Eirene Mae Tatad.

They were specifically charged with violation of Section 1400 of CMTA for misdeclaration, misclassification, undervaluation in goods declaration as well as Section 1401 in relation to Section 118 (g) for unlawful importation or exportation and Section 1401 for facilitating the transportation of articles imported in violation of the law.

In its resolution, the DOJ held that the respondents were all liable for the release of the shipment from the BOC even when their participation appeared to be compartmentalized.

“Evidently, the facts recited would readily support the conclusion that all of the respondents in this case were interested in bringing into the country [the] container which was loaded with dangerous drugs secretly packed inside five steel metal cylinders enclosed in five wooded crates,” it stressed.

“Conspiracy need not be shown by direct proof of an agreement of the parties to commit a crime, as it can be inferred from the acts of the accused which clearly manifest a concurrence of wills, a common intent or design to commit a crime,” the resolution added.

The DOJ rejected the defense of respondents that they were not aware of the contents of the drug shipment. 

“What matters is that they committed act/s which has a vital connection to the chain of conspiracy, that without such act, the unlawful importation would be unsuccessful,” it explained. 

Tan, whose real name is Chen Ju Long, is the chairman and general manager of Philippine Hongfei Logistics Group of Companies Inc. which owns the warehouse in Valenzuela City where the 604 kilograms of shabu were discovered in May last year.

The respondents were already indicted by the DOJ before the Valenzuela City regional trial court for violations of RA 9165 based on drug charges filed by PDEA in connection with the same drug shipment. 

The court, however, dismissed the case due to lack of jurisdiction. The DOJ then split and refiled the cases before the Valenzuela RTC and Manila RTC. 

The Valenzuela RTC again dismissed the drug case, prompting the DOJ to elevate the case to the Court of Appeals.

The Manila RTC, on the other hand, has proceeded hearing the case against Taguba and company.