Friday, October 17, 2008 DOJ rules to raise charge vs. bodega owner to co-principal
THE owner of the warehouse discovered four years ago to have allegedly been used as a shabu laboratory has been charged as a co-principal in the manufacture of the dangerous drug.
The Department of Justice (DOJ) charged Andy Ng, president of Caps R Us Inc., along with the “Shabu 11.”
The arrest of the 11 made headlines when they were allegedly caught manufacturing shabu inside a warehouse in Umapad, Mandaue City on Sept. 25, 2004. Seventy-five kilograms of shabu were found inside the warehouse.
Charged for violation of section 8 of the Comprehensive Dangerous Drugs Act of 2002, or Republic Act (RA) 9165, were Joseph Yu alias Joseph Tiu/Ramon Uy Lim; Hung Ching Chang alias Andy Ang/Anthony Ang/Simon Lao; Siew Kin Weng; Liew Kam Song; Lin Li Ku; Bao Xiafu; Wu Tiao Yi; Tao Fei; Liu Bo; Allan Yap Garcia; and Joseph Lopez.
Section 8 imposes a penalty of life imprisonment or death penalty, as well as a fine of P500,000 to P10 million, on any person who manufactures a dangerous drug.
The amended case information against the 11 now includes Ng, who is indicted for violation of section 30 in relation to the others’ offense.
Section 30 of RA 9165 imposes a penalty on the president of a corporation if he “knowingly authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs.”
‘Connivance’
The DOJ resolution, a result of Ng’s plea for a second preliminary investigation, pointed out that he probably knew of the alleged shabu manufacturing activities inside his warehouse.
“The unique factual circumstances of this case show that consent and tolerance was given by that person with direct control over the Umapad warehouse, to commence operations for the manufacture of shabu,” it stated.
The DOJ pointed out that before the raid, the delivery of laboratory equipment and apparatus to the Umapad warehouse had been unhampered.
That and the presence of 75 kg. of shabu, as well as essential chemicals and precursors for its manufacture, allegedly revealed “connivance” between the accused and someone with direct control over the warehouse.
But Ng has said he did not know of Yu’s activities, as the latter had rented out the warehouse. He added that Caps R Us had ceased manufacturing goods in early 2004.
Control
However, the Securities and Exchange Commission still listed Caps R Us to be in the business of manufacturing as of July 1, 2004.
“There is no denying that the warehouse where the clandestine shabu laboratory was located was still owned and controlled by Caps R Us at the time that the shabu manufacturing operation was being conducted,” read the DOJ resolution.
It also cited that the telephone and water bills of the Umapad warehouse were under the account of Caps R Us. Its tax liabilities also showed that the warehouse’s income and value added taxes (VAT) were paid by Caps R Us.
The recent DOJ resolution, issued last Aug. 8, was a result of Ng’s petition for review of a previous resolution by Justice Secretary Raul Gonzalez.
That resolution indicted Ng only as an accomplice instead of a co-principal.
Ng had initially sought the dismissal of the case when he asked Gonzalez to review the original DOJ resolution that found probable cause to indict him.
Accomplice
In a decision dated April 21, 2005, Gonzalez denied Ng’s petition for dismissal but named him as a mere accomplice to the crime, thus asking the DOJ prosecutors to amend the case information.
Unsatisfied with this, Ng filed a petition for review before the Court of Appeals (CA).
But on March 28, 2008, Ng changed his mind and asked the court to proceed with the trial. He waived his right to a reinvestigation, through lawyer Manolito Seno.
It was too late, though. A month before Ng dropped his plea for a review, the CA 19th Division had already ordered the DOJ panel of prosecutors to conduct a second preliminary investigation on the case.
The result, then, was the recent DOJ resolution, which found probable cause to indict Ng as a co-principal instead of a mere accomplice.
The DOJ panel for the case is composed of Taguig Prosecutor Archi-medes Manabat, State Prosecutor Juan Pedro Navera, Mandaue City Prosecutor Ferdinan Peque and Assistant City Prosecutor Felixberto Geromo. (KAB)
