De Lima washes hands of PDEA ‘big fish’ case

MANILA, Philippines - Secretary Leila de Lima distanced herself yesterday from the dismissal of the charges in the Department of Justice (DOJ) against a Chinese drug suspect tagged by the Philippine Drug Enforcement Agency (PDEA) as a “big fish.”

De Lima said the case of Mark Sy Tan, who was cleared in an automatic review resolution of her office signed by Undersecretary Francisco Baraan III, has not yet reached her office.

 â€œI can’t comment on that case because it is not yet at my level,” she told The STAR.

The DOJ chief explained that Baraan and other undersecretaries have delegated authorities to resolve cases under automatic review and petition for review of resolutions of prosecutors.

 â€œCases reach my office if and when a motion for reconsideration is filed, that’s the only time when I can resolve the case,” she stressed.

De Lima issued the statement after PDEA agents who worked for Tan’s arrest protested the DOJ resolution clearing him of the charge of conspiracy to sell illegal drugs despite a recommendation of investigating fiscals finding probable cause against him.

Cacdac mulls moves

PDEA director general Arturo Cacdac Jr. has instructed the agency’s Legal and Prosecution Service to study Tan’s case.

Cacdac “wants our lawyers to carefully study the case so we can explore all possible remedies available to us,” PDEA spokesperson Derrick Arnold Carreon said.

The agency claimed Tan, who was arrested in 2012, had been involved in a “big-time” drug syndicate’s P200-billion operation and the supposed payment for the drugs sold would go through Tan’s bank accounts.

The agency claimed Tan’s bank accounts from 2005 up to 2012 had transacted some P132 million, prompting the Anti-Money Laundering Council to freeze his accounts when only P17.7 million was found.

However, the DOJ rejected the PDEA’s claims, citing “conflicting versions” in the allegation linking Tan to the syndicate. Baraan said in a resolution that the deposits in Tan’s account “would not prove (his) participation in the conspiracy.”

Baraan reversed the findings of Assistant State Prosecutor Juan Pedro Navera and Prosecution Attorney Anna Noreen Devanadera upon automatic review.

Earlier, Senior Deputy State Prosecutor Theodore Villanueva’s review resolution said Tan was a “victim” even if it agreed with the finding that his business was used in the illegal drug deal.

Carreon maintained that Tan’s arrest was based on a warrant issued by a local court.