DOJ appeals Valenzuela court's dismissal of drug charges vs Taguba, 8 others

MANILA, Philippines — The Department of Justice has appealed the reversal of the Valenzuela court’s dismissal of drug transportation charges against Mark Taguba and eight others tagged in the P6.4-billion shabu shipment case.

In a 19-page motion for reconsideration, state prosecutors led by Senior Assistant State Prosecutor Rassendell Rex Gingoyon disputed Valenzuela Regional Trial Court Presiding Judge Arthur Melicor’s ruling that they committed forum shopping

Forum shopping is the institution of two or more actions with same parties and cause of action on the belief that either one of the courts would rule a favorable disposition.

READ: Valenzuela court junks drug charges vs Taguba, 8 others

Melicor, in his ruling, noted that a drug importation case—with the same set of accused and based on same arguments—had been filed before a Manila court. He said that the prosecution’s move “clearly bears the hallmarks of forum shopping” and “betray [their] intent to secure favorable judgment from different courts.”

But the state prosecutors argued that there are two separate provisions under the Comprehensive Dangerous Drugs Act of 2002 for drug importation (Section 4) and drug transportation (Section 5). They also argued that the two accusations have “distinct and separate elements” to impute the crimes.

“What counts is whether the offenders violated the provisions of the law. In this case, the answer is in the affirmative as the above-accused in their concerted acts, in conspiracy with each other, violated Section 4 and Section 5, both under R.A. No. 9165,” the motion read.

“As such, it is immaterial whether the acts of the respondents alleged in the two informations (charge sheet) were for the purpose of achieving a common ultimate design or intent for what is material is that under the applicable law which is R.A. No. 9165, the said acts constitute separate and distinct offenses,” the state prosecutors argued.

“Filing two separate informations in two different jurisdictions does not definitely constitute forum shopping or in contravention with the rule against multiplicity of suits,” the prosecutors added.

Aside from Taguba, the following are accused of committing drug importation:

• Chen Ju Long a.k.a. Richard Chen or Richard Tan
• Li Guang Feng a.k.a. Manny Li
• Dong Yi Shen a.k.a. Kenneth Dong or Yi Shan Dong
• Eirene Mae Tatad
• Teejay Marcellana
• Chen I-min
• Jhu Ming Jyun
• Chen Rong Huan

The case stemmed from a May 2017 raid by operatives of the Bureau of Customs, Philippine Drug Enforcement Agency and the National Bureau of Investigation on a warehouse in Valenzuela City. Seized in the operation were 604 kilograms of methamphetamine hydrochloride or shabu.

The shipment was declared as kitchenware, footwear and moldings, as it slipped through the BOC.

RELATED: Ombudsman panel seeks charges vs Faeldon, others over P6.4-B smuggled shabu