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Thursday, January 13, 2005
Owners of 'shabu lab' building: ‘We knew nothing’
By Rose O. Verzosa
Sun.Star Staff Reporter
THE owners of the building that housed a shabu laboratory in Barangay Umapad, Mandaue City questioned a resolution impleading them as co-principals, in a case for manufacturing illegal drugs.
The five incorporators of Caps ‘R Us, through their lawyers Romulo Senining and Manolito Seno, claimed that the conclusions by the panel of prosecutors are “illogical and insufficient to establish probable cause.”
They asked the justice department to reconsider the resolution.
Last Monday, the Department of Justice filed an amended information naming Andy, Azucena and Athena, all surnamed Ng, and Richard and Adrienne Ong as co-principals in the drug case against 11 men caught in a raid in Mandaue City last Sept. 24.
In their motion for reconsideration filed before Mandaue City Prosecutor Ferdinand Peque, the five company officials said the prosecution’s conclusion—that they knew about the illegal activities inside their warehouse because the firm’s articles of incorporation still exist at the Securities and Exchange Commission—is “irrational.”
The firm ceased manufacturing caps in Barangay Umapad but engaged in a real estate business instead. The firm also pursued its embroidery business in Barangay Guizo.
They pointed out that a corporation may retire a business but it may still continue its corporate existence in another form of business.
As for the warehouse’s telephone and water service being in the name of Caps ‘R Us, the five said that with lease contracts being temporary in nature, it is a “better practice” that all utilities connections be under the name of the lessor.
Besides, the telephone bills submitted by the Philippine Drug Enforcement Agency (PDEA) as evidence of the telephone usage of Joseph Yu, who was among those arrested during the raid, belong to the company’s branch in Guizo, which is different from the Umapad warehouse.
‘Be objective’
They also wondered where PDEA got information that the warehouse’s water connection is still in their name, when the compound does not have such water connection since its water is sourced from a deep well inside the compound.
The company’s tax records with the Bureau of Internal Revenue only indicate that the corporation still exists, even if its manufacturing business in the Umapad warehouse has already ceased, they added.
They also said that retaining the name Caps ‘R Us on the gate of the warehouse compound was not meant to conceal the illegal activity. As owners, they have the right to insist that the name of the corporation, under which they conduct their business, remain on the steel gate.
“There is an urgent necessity to cause a more objective examination on the evidence submitted by the complainant, PDEA, not only because the crime charged is non-bailable but also if only to grant unto respondents the guarantees ensured by the Constitution on the right to life and liberty by the due process clause,” their motion for reconsideration stated.
The PDEA initially charged the Ngs and the Ongs for consenting to or knowingly tolerating the illegal drug activity inside their warehouse, before naming them as co-principals in the case.
(January 13, 2005 issue)
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