Supreme Court upholds DOJ resolution on Chinese pusher

The Supreme Court has upheld a resolution of the Department of Justice finding probable cause to charge a Chinese national for drug trafficking under the Dangerous Drugs Act.

In its decision penned by Associate Justice Antonio Eduardo Nachura, the Court’s Third Division ruled that the DOJ did not err when it ordered the filing of a criminal complaint against Juanito Chan alias Zhang Zhenting.

According to records, Chan was arrested in 1999 after he sold a kilo of shabu worth P600,000 to undercover agents of the defunct Presidential Anti-Organized Crime Task Force (PAOCTF) in a drug buy-bust operation in Quezon City.

Chan’s case reached the Court when he questioned the findings of probable cause by the office of the state prosecutor and argued that he was merely framed-up and was himself a victim of extortion by police officers who allegedly demanded P2 million in exchange for his release.

“We hold that the Secretary of Justice did not commit grave abuse of discretion in affirming the finding of probable cause by the State Prosecutor,” the Court said.

In other developments, the Court urged the lower courts to be circumspect in exercising their discretion and authority to grant bail in capital offense cases after determining that the evidence of guilt is not strong.

The Court noted that while Chan’s petition questioning the finding of probable cause in his case was still pending before the Supreme Court, now retired Quezon City Judge Emilio Leachon Jr. had ordered Chan’s arraignment in September 2001 and then ordered his release after posting a P100,000 bail.

“In this case, it is glaring that the bail bond fixed by the RTC was exceedingly low considering that the crime charged is illegal sale of prohibited drugs punishable by reclusion perpetua to death and a fine ranging from P500,000 to P10 million with the risk of flight extremely high, the petitioner (Chan) being a Chinese citizen,”  the Court said.

“We are, thus, compelled to re-issue a reminder to judges to comply strictly with our guidelines on the grant of bail in capital offenses to be conscientious in performing their judicial functions and, at all times, to be faithful to the law and the rules,” the Court added.