Taguba drug case junked
MANILA — Another Valenzuela court has dismissed drug charges against Mark Taguba and eight others tagged in the P6.4billion shabu shipment case due to forum shopping.
Presiding Judge Arthur Melicor of Valenzuela Regional Trial Court Branch 284 noted that the state prosecutors have filed a drug importation case before a Manila court — with the same set of accused and based on same arguments — after it was earlier dismissed by another Valenzuela court.
The judge said that the prosecution’s move “clearly bears the hallmarks of forum shopping” and “betray [their] intent to secure favorable judgment from different courts.”
The nine-page ruling noted that 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.
To note, the Valenzuela RTC Branch 171 earlier dismissed the drug importation case due to lack of jurisdiction. The state prosecutors appealed the dismissal, saying that the drug importation is a “continuing crime.”
The state prosecutors also filed a separate case of drug importation, before Manila court, against Taguba, Chen Ju Long a.k.a. Richard Chen or Richard Tan, Li GuangFeng a.k.a. Manny Li, Dong Yi Shen a.k.a. Kenneth Dong or Yi Shan Dong, Eirene Mae Tatad, TeejayMarcellana, Chen I-min, Jhu Ming Jyun, and Chen RongHuan.
But Melicor said: “Splitting the act of importation in this case into two offenses, importation and delivery/transportation, violates the well-honored policy against multiplicity of suits.”
The court then granted Motion to Dismiss filed by Chen, Taguba and Marcellana.
The case stemmed from the raid led by the operatives of the BOC, PDEA and the National Bureau of Investigation at a warehouse in Valenzuela City. Seized in the operation are 604 kilograms of methamphetamine hydrochloride or shabu.
The shipment was declared as kitchenware, footwear and moldings, as it slipped through the BOC.