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Saturday, June 25, 2005
DOJ clears warehouse’s owner: No proof he approved drug lab
By Karlon N. Rama
Sun.Star Staff Reporter
The Department of Justice (DOJ) has dropped the criminal charges filed against Alfonso Chua Lim, whose warehouse in Paknaan, Mandaue City was raided last year for suspected links with the Umapad shabu laboratory.
While saying the warehouse was indeed used as a support facility for the Umapad laboratory, the justice department cited lack of probable cause against the warehouse owner.
The justice department also noted how the Philippine Drug Enforcement Agency (PDEA) failed to show “positive acts” that Lim “consented to or knowingly tolerated” how the warehouse was being used.
In an eight-page resolution approved by Chief State Prosecutor Jovencito Zuño, the DOJ indicated how the PDEA merely based its complaint on Lim’s failure to register the warehouse with the Department of Trade and Industry, the Securities and Exchange Commission and the Bureau of Internal Revenue.
“Clearly, the PDEA cannot prove the commission of an offense under Republic Act 9165,” the justice department said.
Senior Prosecutor Archimedes Manabat and state prosecutors Pablo Formaran III, Juan Pedro Navera and Mandaue City Prosecutor Ferdinand Peque prepared the resolution.
Under the new Dangerous Drugs Act, only a person who “knowingly authorizes, tolerates or consents to the use” of a vehicle or any other facility in the manufacture, sale or distribution of drugs may be prosecuted.
In their complaint against Chua Lim, PDEA agents said they saw three vehicles during the Umapad raid last Sept. 24. They had previously seen the vehicles—a truck and two vans—frequenting a warehouse in Paknaan.
They said they immediately applied for a search warrant and, with the assistance of Paknaan Barangay Captain Dulce Jumao-as and a barangay tanod, served the warrant against Joseph Yu, the name which appeared as lessee, last Sept. 25.
Joseph Yu was one of the 11 men who was arrested following the Umapad laboratory raid the day before. In that incident, the warehouse owners—Richard Ong and Andy Ng—were impleaded, and granted bail later.
The Paknaan search, the agents said, resulted in the seizure of laboratory equipment and chemicals, as well as 36 plastic containers filled with shabu in its liquid form.
A second case against Yu and the 10 other people arrested in the Umapad raid was then filed. (See separate story)
The police then tried to determine who actually owned the Paknaan warehouse and came up with the name Ramon Uy Lim. This, they said, turned out to be a cover name and that the real owner was Alfonso Chua Lim.
Not an alias
Chua Lim, in his counter-affidavit, confirmed owning the warehouse, which he said is registered under his wife’s name. But he denied any involvement in the illegal drug trade.
He said Ramon Uy Lim is not a cover name but that of the man who leased his warehouse since Jan. 21, 2004.
He said Uy Lim occupied the leased premises starting Dec. 15, 2003. When he inspected the site to determine what the warehouse was to be used for, he saw nothing but boxes containing ready-to-wear apparel, said Chua Lim.
This, he said, led him to believe that Uy Lim was a legitimate businessman.
(June 25, 2005 issue)
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