THE Department of Justice (DOJ) has reversed its earlier ruling that cleared Marine Lieutenant Colonel Ferdinand Marcelino of charges filed against him by anti-illegal drugs group last January.
In a resolution dated September 15 released Wednesday, the DOJ granted the motion for reconsideration filed by Philippine Drug Enforcement Agency (PDEA) and Philippine National Police Anti-illegal Drugs Group (PNP-AIDG), the anti-illegal drugs group that filed complaints against Marcelino after he was apprehended in a clandestine shabu laboratory in Sta. Cruz, Manila.
"Wherefore, premises considered, the motion for reconsideration dated June 27 of the resolution dated May 23 which dismissed the complaint against Col. Ferdinand Marcelino and Yan Yi Shuo for violation of section 8 and in relation to section 26 and Section 11, Article II of RA 9165 is hereby partially granted," the resolution reads.
According to the decision penned by Assistant State Prosecutor Alexander Suarez, a case for violation of article 11 (Possession of dangerous drugs) will be filed against Marcelino and Chinese national Shuo before the Manila Regional Trial Court (RTC).
The DOJ however maintained its earlier decision to clear the two of complaints against them for violation of Section 8 (manufacture of dangerous drugs) and Section 11 (conspiracy).
The DOJ also denied the motion to release and the motion to release personal effects seized by respondents to the complainant filed by Marcelino and Shuo on June 27.
Senior Deputy State Prosecutor Anthony Fadullon approved the resolution.
On June 27, PDEA and PNP-AIDG in their joint omnibus motion asked the DOJ to reverse its ruling in favor of Marcelino.
The anti-illegal drugs group presented additional evidences on their petition, which includes a recording of phone conversation Shou and Marcelino that will prove that the two has prior knowledge in the operation in the clandestine laboratory.
In the DOJ ruling on May 23, the DOJ said it found no probable cause in charging the two. The resolution also stated that PNP-AIDG and PDEA has failed to show enough evidence to prove their claim and their complaint was only based on presumptions that the two own and manufacture illegal drugs. (Sunnex)