|
Wednesday, January 26, 2005
Arrest order v. owners of bodega used as shabu lab
By Rose O. Versoza
With Garry Cabotaje
CEBU CITY -- The Regional Trial Court (RTC) issued arrest warrants last Monday afternoon against warehouse owners Andy Ng and Richard Ong, after the court found "probable cause" to believe they knew about the manufacturing of shabu inside their property.
Earlier that day, the court admitted the prosecution's second amended information, impleading all five incorporators of Caps R Us Inc. as co-principals in a case for manufacturing illegal drugs.
That company owns the Mandaue City warehouse where authorities found a shabu laboratory last September.
This means the five warehouse owners are now formally charged in court for the manufacture of illegal drugs, as co-principals of alleged financier Calvin Tan and the 11 men arrested during the raid.
However, no arrest warrants were issued against the three female warehouse owners, Azucena Sanchez Ng, Athena Ng Uy and Adrienne Ong.
The court entertained doubts as to their participation in the offense.
"It appears that their inclusion is anchored on the solitary fact that they are officers of Caps R Us, Inc., and nothing more," said RTC Branch 28 Judge Marilyn Lagura Yap in her order.
Instead, Judge Yap directed the panel of prosecutors from the Department of Justice (DOJ) to present additional evidence against them within five days.
As for Andy and Richard, no bail was recommended for their temporary liberty.
They knew
The court said the contract of lease, which the two signed with Joseph Yu, one of those arrested during the raid, showed that they "allowed, consented and knowingly tolerated the unlawful act to be committed in their warehouse."
The court pointed out that the lease contract was not notarized and was not even dated.
With this, the court said there is basis to doubt whether the lease contract was signed before the raid and whether there was indeed a prohibition against using the warehouse for illegal purposes.
Judge Yap further pointed out that the lease contract did not state the purpose of the lease or identify the nature of Yu's business.
There is a presumption that Ng and Ong, along with Yu, "willfully suppressed in the contract that the warehouse owned by Caps R Us Inc. was to be used as a clandestine laboratory for the manufacture of shabu."
"When Andy S. Ng and Richard T. Ong allowed the use of their warehouse in the manufacture of shabu, they effectively became co-principals in the commission of the crime by way of indispensable cooperation," the court said.
"The manufacture of shabu could not have materialized were it not for the warehouse owned by caps R Us Inc. that was converted into a shabu laboratory," the court added.
Tolerated
As for the admission of the second amended information, Judge Yap, in a separate order, said the court is satisfied that the five warehouse owners were afforded preliminary investigation.
They earlier complained they were denied due process since the original charge against them was for violation of Section 30 of Republic Act 9165, or for "consenting to or knowingly tolerating the illegal drug activity inside their warehouse" and yet the information filed in court was for manufacture of illegal drugs.
But the court said this did not alter the concept of due process and there is no need for another investigation, since the complaints are related.
Judge Yap also ruled that the warehouse owners' appeal before the DOJ secretary does not suspend the admission of the new information.
Lawyers Romulo Senining and Manolito Seno immediately filed a motion for reconsideration of the court's order admitting the information against their clients.
The court denied it.
Judge Yap issued an order Tuesday directing all the accused to inform the court, within five days, of the language or dialect known to them so they may be arraigned accordingly.
Seeks transfer
Of the 11 accused, only two are Filipinos. The rest are of different nationalities and speak different languages like Amoy, Mandarin, Fookien and Malay.
Last week, the court denied the motion of the Philippine Drug Enforcement Agency to transfer the 11 suspected shabu manufacturers from the Mandaue City Jail to the Central Command.
The court noted the failure of PDEA to substantiate its motion, citing PDEA legal consultant Paul Oaminal's failure to submit the agreement between the Central Command and the PNP Regional Office as to the meal expenses of the accused, should they be transferred.
The court, though, has yet to hear the motion of the DOJ prosecution panel to transfer one of the suspects, Hung Chin Chang, from the city jail to the National Bureau of Investigation (NBI) stockade in Manila.
The prosecution believes the transfer will ensure the "safety and security" of Hung, a British national, whom the prosecution plans to use as a state witness.
The court also did not allow the release of the personal belongings of the accused, including three motor vehicles, which were confiscated during the raid.
State witness
Judge Yap, in an order last week, said the prosecution has yet to show how relevant these items are as evidence for the crime of illegal drug manufacturing.
Their release would only preempt the prosecution from presenting these in court and offering these as instruments in the commission of the crime.
For its part, the justice department will tackle tomorrow the offer of Hung Chin Chang's British lawyer that his client be given a chance to become a state witness.
A DOJ legal team met with the drug suspect's lawyer right after the extradition hearing of alleged shabu kingpin Calvin de Jesus Tan in Hong Kong last Jan. 18.
"He volunteered to see us and requested that his client be allowed to become a state witness. We will assess his request during our meeting on Thursday," said Representative Antonio Cuenco, who joined the legal team in Hong Kong.
Cuenco, vice chairman of the House committee on dangerous drugs, said he then told the British lawyer that his client must reveal all his local contacts, before he could become a government witness.
(January 26, 2005 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
|
|
[return to top]
[home]
|
|
