Chinese trader’s trial to proceed
The Court of Appeals (CA) has upheld with finality the indictment of Chinese businessman Chen Julong, alias “Richard Tan,” in the drug case stemming from the P6.4-billion shipment of methamphetamine hydrochloride or shabu that slipped past the Bureau of Customs (BOC) in May 2017.
In a two-page resolution released only yesterday, the former 11th division of the CA dismissed the appeal filed by Chen on its decision in August last year that junked his petition seeking the dismissal of the charge of importation of dangerous drugs against him.
The CA instead affirmed the decision of Manila Regional Trial Court (RTC) Branch 46 denying Chen’s motion to quash the case.
The ruling was penned by Associate Justice Ramon Garcia.
The appellate court also reiterated that Chen’s petition was dismissed outright due to his “failure to file a motion for reconsideration of the assailed order dated Feb. 22, 2018 before the (Manila RTC).”
“While he enumerated several grounds justifying this failure to file a motion for reconsideration, he failed to establish that this case falls under any of the said exceptions,” it explained.
Associate Justices Eduardo Peralta Jr. and Geraldine FielMacaraig concurred in this ruling. Forum shopping
In his petition, Chen accused the Department of Justice of forum shopping for refiling the criminal case before the Manila court after the Valenzuela RTC Branch 171, where the case was first filed, dismissed the charges.
But the CA held that the Manila court was correct in dismissing the motion to quash filed by Chen.
It explained that the Valenzuela court junked the case merely for lack of jurisdiction.
The 604-kilo shabu shipment from China was recovered at the Hong Fei Logistics warehouse in Valenzuela City on May 26, 2017. Chen is one of the owners of the company.
The illegal shipment was investigated by Congress and led to the resignation of top BOC officials, including then BOC chief Nicanor Faeldon.
Apart from Chen, the other accused in the criminal case are Eirene Mae Tatad, owner of EMT Trading, the reported consignee of the shipment; customs fixer Mark Ruben Taguba II; Li Guang Fe alias “Manny Li,” Dong Yi Shen Xi alias “Kenneth Dong” or Yi Shan Dong; customs broker Teejay Marcellana; Che I-Min; Jhu Ming Jyun; Chen Rong Huan; and three still unidentified persons.