THE Department of Justice (DOJ) has found probable cause to indict Customs broker Mark Ruben Taguba and several others for violation of the provisions of the Customs Modernization and Tariff Act (CMTA) in connection with the P6.4-billion shabu shipment from China that slipped past port inspections in May 2017.
In a 26-page resolution issued by Assistant Prosecutor Charlie Guhit and approved by Officer in Charge-Prosecutor General Richard Anthony Fadullon, the DOJ disregarded the claim of Taguba and his corespondents that they did not have knowledge that the shipment they were processing for entry into the country contained illegal drugs.
Instead, the DOJ held that the actions of the respondents showed conspiracy in bringing the shipment into the country.
“We find no merit [in] respondents’ claim that the importation documents they signed, processed and filed at the BOC show only an importation of ‘cutting boards, footwear, kitchenware and moulds.’ The dangerous drugs were concealed with legally imported merchandise on the chance that the former could escape detection,” the resolution
read.
“Respondents’ defense that they were not aware that the shipment they received contained dangerous drugs deserves scant consideration. What matters is that they committed act/s which has a vital connection to the chain of conspiracy, that without such act, the unlawful importation would be unsuccessful,” it added.
Aside from Taguba, DOJ recommended the prosecution of Eirene Mae Tatad; Teejay Marcellana;
Chen Julong, alias Richard Tan or Richard Chen; Fidel Anoche Dee; Chen I-Min; Jhu Ming Jyun; Li Guang Feng a.k.a. “Manny Li”; and Dong Yi Shen a.k.a. “Kenneth Dong” for violation of Section 1400 (misdeclaration, misclassification, undervaluation in goods declaration), in relation to Section 1401 of the CMTA (unlawful importation).
“There being conspiracy, all respondents may be held liable or responsible for violation of Section 1400, in relation to Section 1401 of the CMTA, notwithstanding that some of them did not prepare, sign, or fill out commercial or BOC entry forms, papers or documents in connection with the subject importation,” the resolution read.
The DOJ also explained that the filing of the criminal case against respondents for importation of dangerous drugs under RA 9165 would not render the case moot and academic, considering that in this case they are charged with an offense punishable by the CMTA.
It pointed out that smuggling may be committed ever after the importation.
“When the prohibited articles entered the Philippine territory and respondents thereafter received and facilitated the transportation of said articles to its final destination, as in this case, to the ultimate consignee Dee at the warehouse located at No. 3050 F. Bautista St. Brgy Ugong, Valenzuela City, knowing the same to have been imported contrary to law, herein respondents undoubtedly committed another act of unlawful importation,” the DOJ said.
Long is the chairman and general manager of Philippine Hongfei Logistics Group of Cos. Inc. which owns the warehouse in Valenzuela City, where the 604 kilograms of shabu was discovered last May 26.