2 Chinese nationals sentenced to 30 years over illegal drugs

MANILA, Philippines - Two Chinese nationals were convicted of up to 30 years in prison and were ordered to pay a fine of P10 million after a Quezon City court found them guilty of transporting more than 330 kilos of shabu into the country in 2001.

In a 41-page decision dated Dec. 12 and released to the media Thursday, Regional Trial Court Branch (RTC) 79 Judge Nadine Jessica Corazon Fama found accused siblings Edwin Chua and William Chua guilty beyond reasonable doubt of violating the Dangerous Drugs Act of 1972.

She sentenced them to reclusion perpetua, or at least 30 years in prison, after which they become eligible for pardon.

The violation was filed in connection with the 1972 law – and not in the more recent Comprehensive Dangerous Drugs Law of 2002 – as the arrest happened on Nov. 15, 2001 in Zambales.

The case was originally filed in an RTC in Iba, but was later transferred to Quezon City following a motion for transfer and the subsequent approval of the Supreme Court.

Meanwhile, the case against a third suspect – identified as Henry Tamayo Tan – was archived  after he escaped from his cell in Camp Crame in Oct. 2002.

The case was filed after the accused were arrested by elements of the National Bureau of Investigation (NBI) intercepted two Asian utility vehicles – one driven by Tan, while the other carrying the Chuas – following tips on  large shipment of illegal drugs.

Information from US operatives

Prosecution witness Geovel Aperio, a special investigator of the NBI, said they were instructed by the agency’s leadership to prepare for an operation involving the entire complement of their narcotics division to intercept the illegal shipment that will land along the coast of La Union.

He said the source of the information were the Philippine National Police (PNP) Narcotics Group and the Drug Enforcement Agency of the United States of America.

Aperio narrated that their team, which involved members of the PNP and the Philippine Navy, first went to La Union, but later received information that the shipment will arrive in Zambales.

He said he was one of the personnel who stopped at Maculcul Bridge in Alosais, Zambales the white Toyota Revo driven by Tan. It contained five sacks of white crystalline substance, later identified as shabu.

Meanwhile, lawyer Diosdado Araos of the NBI also testified, saying he led the team that stopped the nearby maroon Toyota Revo carrying the Chua siblings. It contained six sacks of illegal drugs.

Filipino-Chinese Police Officer 2 Oliver France Lim of the PNP Narcotics Group also testified that he was the one who conversed with the Chuas using Fukien as they seemed not to understand Filipino or English.

He said the two confirmed that they were Chinese, and that they maintained innocence as they were not aware that they were transporting illegal drugs.

‘Denial a weak defense’

In her decision, Fama said the denial of the accused of the allegations hurled against them is a weak defense as it “cannot prevail over the positive testimony of a witness.”

“A mere denial, just like alibi, is a self-serving negative evidence which cannot be accorded greater evidentiary weight than the declaration of credible witnesses who [testified] on affirmative matters,” read the decision.

The judge also noted that the defense failed to support their claim that the sacks recovered from their vehicle were planted by the arresting officers.

“Records also show that no ill motive could be attributed to the government operatives for imputing such a grave offense against the accused,” she added.

During trial proceedings, suspect William claimed that they went to Zambales to visit a friend whom he met in China the year before. He said he and his family went to the Philippines in 2001 because they wanted to have another child, which is prohibited in China due to one-child policy.

Meanwhile, his brother claimed that the police did not find any contraband from their vehicle, but saw a police transfer sacks to their car following the arrest of Tan. He said he has been in the Philippines since 1995 and is involved in a hardware business.

The suspects denied knowing Tan, and maintained innocence from the allegations.

A retired police officer, Senior Police Officer Francisco Amado, also testified that he did not see anything in the vehicle of the Chuas.

But according to the judge, the testimony of Amado is “unreliable and highly suspect” as he admitted being friends with another defense witness. She said the police officer clearly has an interest in the acquittal of the case.

Fama ruled that there was conspiracy between the Chuas and Tan as the defense failed to refute the testimony of the Lim, who said that Edwin admitted to him that they got the sacks from the sea by boarding a banca.

“All the foregoing, clearly show that accused had concerted actions and are in conspiracy in committing the offense of transporting drugs. In sum, the conviction of the accused is warranted as the prosecution was able to establish their guilt beyond reasonable doubt,” said the judge.