Cuenco to pursue compromise deal

Rep. Antonio Cuenco has urged the National Bureau of Investigation (NBI) to come up with a compromise deal that would convince Joseph Yu, one of the persons charged for manufacturing shabu in warehouse in Mandaue City, to reveal the local protectors of the botched operation.

Cuenco said the compromise is necessary after Yu allegedly refused to cooperate when the Philippine Drug Enforcement Agency (PDEA) opposed that the he be absolved from charges even if he spills the beans.

Since total absolution is out of the picture, Cuenco suggested to the NBI to find mitigating circumstances that would lessen Yu’s accountability and subsequently lower the penalty that the court might render should Yu and his co-accused be proven guilty of the charges.

Cuenco said, Yu’s information is vital in determining the local contacts and or protectors considering that Yu was the one who allegedly chose the warehouse in Barangay Umapad, Mandaue City where the so-called "mega shabu laboratory" was found.

Authorities discovered the warehouse owned by Caps R Us in a raid conducted on September 25, 2004.

In a press conference yesterday, Cuenco, however, expressed slight disappointment over the seemingly slow development of his request to the NBI. He said he might just decide to lay down the compromise himself.

"If necessary, I personally would strike a deal with Yu," he said. He said he channeled the request to NBI Regional Director Medardo de Lemos and former regional director Reynaldo Esmeralda.

In an interview with The Freeman, de Lemos confirmed Cuenco’s request and said that the NBI has taken steps to convince Yu to cooperate but the efforts did not turn out positive.

Esmeralda, now based in the NBI central office in Manila, could not be reached for comment.

The Department of Justice has charged 11 persons, including Yu, who reportedly carries the alias Joseph Tiu/Ramon Uy Lim; Hung Ching Chang alias Andy Ang/Anthony Ang/Simon Lao; Siew Kin Weng; Liew Kam Song; Lin Li Ku; Bao Xiafu; Wu Tiao Yi; Tao Fei; Liu Bo; Allan Yap Garcia; and Joseph Lopez for their alleged involvement in the large-scale operation to produce methampethamine hydrochloride or shabu.

The DOJ also filed similar charges against the five incorporators of Caps R Us, saying they had "knowledge and consented to" the manufacturing of illegal drugs in their warehouse, based on documentary evidence submitted by PDEA.

In a resolution dated Dec. 17, 2004, the four-man DOJ panel found probable cause against incorporators Andy S. Ng, Azucena S. Ng, Athena S. Ng and spouses Richard and Adrienne Ong for violation of Sec. 8, Article 2 of the Comprehensive Dangerous Drugs Law, or the manufacturing of shabu.

In a separate resolution released on the same date, the DOJ also recommended the inclusion of Calvin de Jesus Tan, alias Lin Chui Wi/Joey Ng/Joey Lin.

The DOJ included Tan in the information after he failed to present any evidence when the DOJ conducted the preliminary investigation. Tan, who is facing separate charges in Hong Kong, has been subjected to an extradition trial.

In their motion for reconsideration, the incorporators said the criminal complaint against them should have been dropped outright because none of the affidavits of PDEA witnesses alleged that they knew about or consented to the illegal activity.

Cuenco, who is vice-chairman of the House Committee on Dangerous Drugs, hopes that with the compromise deal with Yu, he would be able to prove suspicions about local contacts of the Chinese nationals, who were caught inside the warehouse during the raid.