THE Philippine Drug Enforcement Agency on Thursday formally sought the criminal indictment before the Department of Justice (DOJ) of several former police officials, including a former PDEA official, and anti-narcotics agents, along with other private individuals, allegedly involved in the smuggling of the P6.4 billion worth of shabu concealed in several sets of magnetic lifters.
PDEA Director General Aaron N. Aquino said the respondents should be prosecuted for violations of the provisions of Republic Act 9165 or the Dangerous Drugs Act of 2002, particularly Section 4 (Importation of Dangerous Drugs); Section 5 in relation to Section 26 (Attempt or Conspiracy); Section 32 (Liability to a Person Violating any Regulation Issued by the Board) in relation to Section 30 (Criminal Liability of Officers).
The respondents will also be charged with violation of Presidential Decree 1827 (Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders); Article 208 of the Revised Penal Code, which penalizes any public officer who fails to initiate the prosecution of criminal offenders, as well as those tolerating the commission of offenses; and the provisions of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Named respondents in the complaint were former Senior Supt. Eduardo Paderon Acierto, former PDEA deputy director general for administration; Ismael Gonzales Fajardo Jr., former Customs intelligence officer; Customs Agent Jimmy Guban; Police Insp. Lito Pirote and Joseph Dimayuga, as principals.
Also included as respondents were private individuals, namely, Chan Yee Wah, Emily Daprosa Luquingan, Vedastro Cabral Baraquel Jr., Maria Lagrimas Abelgas Catipan, Alex B. Padlan, Zhauq Quan/Zhang Quan, Gorgonio V. Necessario, Myra C. Tan, Terence L. Uytingban, Avelino S. Tendera and entities SN Logistics and Ben Line Agencies Philippines for the magnetic lifters found at the Manila International Container Port (MICP).
The PDEA also filed cases against entities and personalities linked to the seizure of magnetic lifters found in General Mariano Alvarez in Cavite.
Among them are Nonito Estorninos Jr., Li Jie of He Zhong Consultancy Co. Inc.; Ramon Tuyay, John Leric Olavario, Maribeth Olavario, Minerva Verso and Chung-Chun Hsu of Red Day Machinery Parts Corp.; Le Thi Thuy, Luu Thi Thu Huong, Kan Yi Hong, of Yida Equipment Crane Ltd. Co.; Du Quoc Duong of Dong Trieu Trading and Import/Export Service Trading Co. Ltd.; Chen Wei Cheng, Ping Cheung Fung, Roy Wang, Roy and two other who are yet to be identified from All Systems Logistics Inc.; Marina de la Cruz Signapan, Alexander Dames, Katrina Cuasay and Miguella Santos of SMYD Trading; and Customs officials and officers namely lawyer Zsae Carrie de Guzman, head of X-Ray Inspection Project; Benjamin Cajucom, shift supervisor, X-Ray Inspection Project; Manuel Martinez, operator, X-Ray Inspection Project; Dolores Domingo, appraiser; and seven others identified only through their aliases.
The PDEA said the criminal complaint was an offshoot of the hearings conducted by both the House of Representatives and the Senate Blue Ribbon Committee where the names of the respondents were linked in the entry of the shabu shipment into the country.
“This is to inform the public that PDEA is serious to come up with airtight cases against all personalities behind illegal drug transactions,” Aquino said.
It can be recalled that on August 7, 2018, the shabu shipment concealed in the magnetic lifters were discovered during inspection at the MICP.
A day after, an identical set of magnetic lifters were found abandoned at a warehouse in Unit 4, Lot 1-8, CRS Subdivision, Barangay F. Reyes, General Mariano Alvarez, Cavite, which were believed to have contained illegal drugs.
Former Customs chief Isidro S. Lapeña was not charged in the complaints due to lack of direct evidence linking him to the offenses, according to Aquino.
“We haven’t seen any evidence that will link former Commissioner Lapeña to the cases. That is why he was not included in the filing of the case,” Aquino said.
Guban, who has been admitted into the DOJ’s Witness Protection Program, was charged as a principal respondent in the complaint.
“We actually consider him as principal person of interest. I don’t think we will recommend his inclusion in the WPP,” PDEA Acting Director for Legal and Prosecution Service
Czareanah Aquino said.