4 shipping line workers face raps over cocaine find

DAVAO City Prosecutor’s Office formally charged officers and staff of Maersk Filipinas Inc. for trying to conceal some boxes containing bricks of cocaine found in reefer vans inside their compound.

Charged in violation of Comprehensive Dangerous Drugs Act of 2002 were Francisco Manago of Maersk Filipinas Inc. in Pasay City; Jesus Nobela; Rodger Carael, a resident of Dona Asuncion Street, Davao City; Alvin Cesar Reyes; and Leo Dalisay.

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A resolution penned by prosecutor Stella Esparagoza Camino and approved by chief prosecutor Raul B. Bendigo pointed out that "possession, under the law, includes not only actual possession, but also constructive possession.

Actual possession exists when the drug is in the immediate physical possession or control of a person. On the other hand, constructive possession exists when the drug is under the dominion and control of the person or when he has the right to exercise dominion and control over the place where it is found."

In the case, the resolution noted the fact that cocaine was found at the Maersk Line Container yard and at the time, respondent Nobela has the actual possession based on the testimony of a witness.

Camino also said the assertions of the respondents in their counter affidavits that they could not be held liable for possession of cocaine are "mere denial that could not overcome the positive declarations of the witnesses."

Respondents Manago, Reyes and Dalisay did not categorically deny having instructed reefer van Technicians Leadman Jesus Nobela and reefer technician Richard Silva Pelaez to conceal the three bricks of cocaine.

It was also observed that nothing in the evidence presented by respondents would show that Maersk and International Reefer Services (IRS) exerted efforts to investigate the matter concerned immediately after the discovery of the contraband.

Complaint against respondent Marivic Ruiz is dismissed in the case as her implication is inadmissible in evidence.

They were charged based on the accounts of Jonathan Morales of the Intelligence and Investigation Service chief of the Philippine Drug Enforcement Agency in Quezon City.

Morales filed the complaint based on the affidavit of Pelaez of the International Reefer Services (IRS) Inc. who was assigned at the Maersk Line container yard where the bricks of cocaine were found last December 2009.

According to Pelaez, he was conducting a pre-trip inspection on the Thermo King refrigerated container van when he found four brown bricks wrapped with packaging tape from the access panel at Rack 2-A.

Nobela opened the boxes and discovered 16 bricks made of white powdery substance.

The boxes were brought to the guard and then hidden inside the access panel of the evaporator of the reefer van after the IRS officials were informed about the find.

Respondent Reyes, the manager of IRS, called for a meeting with the officials and allegedly instructed Pelaez and Nobela not to reveal to authorities that there were actually four boxes found.

On December 23, 2009, Pelaez and Nobela and a ceratin Mabaquiao were subpoenaed to give their statements. But before they appeared for investigation by the PDEA, Luis allegedly reminded the two to disclose that only one box was found.

The statements were corroborated by other technicians.

But the affidavit of Pelaez was rendered inadmissible in evidence and fell under extra-judicial confession because he was not assisted by a counsel of his own when he executed this.