DOJ ask lower court to reconsider ruling on P6.4-B shabu case
THE Department of Justice will file a motion for consideration after the Valenzuela Regional Trial Court (RTC) dismissed the charges against alleged customs fixer Mark Taguba, Chinese businessman Richard Chen, and seven others implicated in the P6.4-billion shabu (metamphetamine hydrochloride) shipment.
Justice Secretary Menardo Guevarra insisted on Sunday that there is no “forum shopping” involved because transporting illegal drugs is a distinct act from importation.
“The act of importation ends at the customs area. Transporting the drugs to Valenzuela is a separate act punishable under a different provision of the dangerous drugs law,” he explained.
In a resolution dated April 23, Valenzuela RTC Branch 284 Judge Arthur Melicor cited “forum shopping” as the ground for dismissal of the charges on drug transportation and delivery filed against Taguba, Chen, and Teejay Marcellanas.
“Filing a case for importation in Manila … and then filing another case, this time for transportation, before this court involving the same accused and based on the same facts, issues and arguments clearly bear the hallmarks of forum shopping, betraying the prosecutors’ intent to secure favorable judgment from different courts,” Melicor argued.
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