NBI told: Transfer 4 Sinos in shabu lab to Aurora

BALER, Aurora — A regional trial court (RTC) judge here has ordered the National Bureau of Investigation (NBI) to turn over the custody of the four Chinese nationals arrested in last month’s raid on a clandestine shabu laboratory in Dingalan town to the provincial jail.

In a one-page order he issued Friday, RTC Judge Armando Yanga directed NBI director Nestor Mantaring to transfer suspects Sy Tho, Wang Tha Ti, Chin Na Chua and Chen Chien to the provincial jail in Barangay Suklayin "until the final determination of the cases filed against them."

Yanga gave Mantaring 10 days upon receipt of the order to implement it.

The four Chinese nationals are facing charges of violations of Section 8 (manufacture) and 11 (possession of illegal drugs) of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

They were caught by anti-narcotics agents inside a shabu laboratory at Joey and Simon’s Place, a resort in Barangay Butas na Bato, Dingalan town last Aug. 30.

Chief state prosecutor Jovencio Zuño approved the filing of the charges based on the results of the inquest proceedings conducted by the Department of Justice.

The shabu laboratory yielded 5.44 kilograms of shabu estimated to cost about P120 million.

The four Chinese, through their legal counsel, William de los Santos, have filed an urgent motion for a preliminary investigation "in the highest interest of substantial justice."

Yanga said the accused are exercising their right under Rule 112, Section 7 of the Rules of Court, where they could present controverting evidence in a preliminary investigation to prove that there is no probable cause for the filing of charges against them.

Yanga has given provincial prosecutor Jesse Pimentel five days from receipt of a copy of the motion to submit his comment.

With the filing of the urgent motion, Yanga said the arraignment of the four Chinese nationals slated on Oct. 4 has been cancelled. Instead, the urgent motion will be heard that day.

The ocular inspection of the shabu lab will proceed as scheduled on Sept. 20.