DOJ to appeal dismissal of drug case vs Taguba

Government prosecutors will appeal the dismissal by a Valenzuela City court of the drug charges filed against Customs broker Mark Taguba II and eight others in connection with the P6.4-billion shabu shipment from China in May last year, the Department of Justice (DOJ) said yesterday.

Justice Secretary Menardo Guevarra said the Valenzuela Regional Trial Court (RTC) Branch 284 erred when it dismissed for forum shopping last week the complaint for transportation and delivery of illegal drugs against Taguba and Filipino-Chinese businessman Richard Tan.

Guevarra said the DOJ prosecutors handling the case would file a motion for reconsideration this week.

“There is no forum shopping because transporting illegal drugs is a distinct act from drug importation charges, which have been refiled before the Manila RTC,” the justice secretary said.

“The act of importation (of drugs) ends at the Bureau of Customs. Transporting the drugs to a warehouse in Valenzuela is a separate act punishable under the dangerous drugs law,” Guevarra explained.

He said the dropping of the case by the Valenzuela RTC would not affect the charges filed against the same respondents before the Manila RTC.

Last week, Valenzuela RTC Branch 284 Judge Arthur Melicor granted the motion of Taguba, Tan and Customs broker Teejay Marcellana to dismiss the drug transportation and delivery charges filed against them by the DOJ.

Also charged were traders Kenneth Dong and Manny Li; and Eirene Mae Tatad, Chen I-Min, Jhu Ming Jhun and Chen Rong Huan.

The Manila RTC has ordered the arrest of the Customs brokers and alleged Chinese middlemen.

In January, the Valenzuela RTC dropped the cases of importation, transportation and delivery of illegal drugs against the respondents for lack of jurisdiction.