LAWYERS representing two Chinese nationals allegedly involved in the Philippine Offshore Gaming Operators (Pogo) hub in Lapu-Lapu City are seeking to dismiss the human trafficking charges filed against them.
Zhao Shou Qi and Zhao Long, a father and son, were among the owners of the companies operating inside the Tourist Garden Hotel compound in Barangay Agus.
Alongside these two Chinese individuals, 14 other foreign nationals and one Filipino are facing human trafficking cases in relation to the alleged Pogo hub.
The 17 individuals, including the Zhaos, are facing charges for violations of Section 4 (i), qualified by Section 6 (c) and (o) of Republic Act (RA) 10364, or the Expanded Anti-Trafficking in Persons Act of 2012, and RA 11862, or the Expanded Anti-Trafficking in Persons Act of 2022.
The respondents are currently detained at the Presidential Anti-Organized Crime Commission (Paocc) Detention Center in Pasay City.
The motion to quash was filed on Sept. 19, 2024, before Lapu-Lapu City Regional Trial Court Judge Ronald Tolentino, as they challenged the jurisdiction of the court and questioned the legality of the arrests made against the two Chinese nationals.
‘Illegal’
During the motion to quash hearing on Wednesday, Oct. 2, the respondents’ defense, led by lawyers Fidel Calvo and Gabriel Baes, argued that the arrests of the 17 individuals, including their two clients, were illegal and carried out without a valid warrant.
The lawyers questioned the day their clients were arrested, which was a Saturday, Aug. 31. They said the court’s jurisdiction is only valid on weekdays.
The defense also raised concerns about the authority used in the arrests, stating that a “mission order” was used in place of a valid warrant of arrest.
They argued that this administrative order does not hold the same legal weight as a formal court-issued arrest warrant, thus making the arrest of their clients “unlawful.”
The lawyers further added that the court lacks jurisdiction over the accused due to this procedural error.
Jurisdiction questioned
Georg Joni Laurente, prosecutor of Lapu-Lapu City, told reporters on Wednesday that the motion to quash is typically filed when one is questioning the jurisdiction of the court or the validity of the information, which refers to the allegations against the respondents.
She added that the defense’s argument regarding the arrests is more appropriate for trial rather than a motion to quash, which is why they believe the motion is flawed.
Laurente said if the court grants the motion, the prosecution will be asked to provide additional evidence or amend the charges, but dismissal is not automatic.
She maintained that the arrests were lawful and that the mission order used was valid, citing the police powers of the state in cases of suspected human trafficking.
Laurente also said that the primary contention of the defense is that the court lacks jurisdiction.
She explained that the court has the authority in this case and that the mission order was a part of the state’s valid exercise of police power.
While a mission order is not a warrant, it can be used in certain operations, especially in urgent cases like human trafficking, Laurente added.
Meanwhile, during the hearing, the judge ordered the other respondents to file their motions to quash within five days.
Laurente said the move is intended to streamline the resolution of the case, as the motion filed by the Zhaos also questions the validity of the entire operation.
She added the court will decide whether to grant the motion to quash within five days, taking into account the responses of the other respondents and their legal representatives.
Laurente also said that if the motion is granted, the charges could be dismissed or amended, depending on the court’s ruling.
Possible Outcomes
Laurente said the defense’s motion, if successful, could result in the dismissal of the charges against all 17 individuals.
However, even if the court grants the motion to quash, the case may not end there, as the prosecution could still be given an opportunity to amend the charges or provide additional evidence to support their claims, she added.
On Aug. 31, several law enforcement agencies initially aimed to conduct a rescue operation, however, they discovered the area to be allegedly operating a scam hub.
A total of 169 foreign nationals were later arrested and are currently detained at the Paocc headquarters in Pasay City. They are facing violations of immigration laws.