The Manila regional trial court (RTC) has convicted four persons of smuggling illegal drugs worth P6.4 billion in 2017.
Convicted were Eirene Mae Tatad, Mark Ruben Taguba II, Fidel Anoche Dee, and Dong Yi Shen, alias "Kenneth Dong."
They were found guilty beyond reasonable doubt of violating Republic Act (RA) 10863, the Customs Modernization and Tariff Act (CMTA), particularly, for unlawful importation or exportation under Section 1401 in relation to Section 118(g); and misdeclaration, misclassification, undervaluation in goods declaration under Section 1400 in relation to Section 1401; and Section 1401 in relation to Section 118(g).
Each of them were sentenced to reclusion perpetua (prison term ranging from 20 to 40 years) for each count and ordered to pay P50 million for each count.
The decision was written by Judge Alma Crispina B. Collado-Lacorte of Manila RTC Branch 21 and promulgated on Thursday, Sept. 12.
In her decision, Judge Lacorte noted that the other accused in the case remain at large and have yet to be arraigned. They were identified as Teejay A. Marcellana, Chen Julong, Richard Tan who is also known as "Richard Chen," Chen I Min, Jhu Ming Jyun, and Li Guang Fend who is also known as "Manny Li."
The case involved the smuggling of 602.279 kilograms of methamphetamine hydrochloride, locally known as shabu, worth P6.4 billion that arrived at the Manila International Container Port (MICP) on May 16, 2017 and transported on May 24, 2017 to a warehouse of Hongfei logistics owned by Richard Chen in Valenzuela City where Dee also works as a warehouseman.
The shabu shipment, which was contained inside container van MCLU6001991 that came from China, was misdeclared as 116 packages of cutting board, 500 packages of footwear, 138 packages of kitchenware, and 23 packages of moulds.
The shipment was tipped off by the Anti-Smuggling Bureau (ASB) of the China Customs to the Philippines' Bureau of Customs (BOC) which conducted a controlled delivery and subsequently discovered the illegal drugs during an operation at the Valenzuela City warehouse on May 26, 2017.
The illegal drugs were contained in 605 plastic bags stashed inside five metal cylinders that were each packaged in wooden crates.
“The importation of the subject container MCLU6001881 which was found to contain 602 kilograms of methamphetamine hydrochloride or shabu with appraised value of P6.4 billion was accomplished with the indispensable participation of accused Dong, Taguba, Tatad, and Dee albeit the fact that the names of Dong, Taguba and Dee were not indicated in the official shipping documents submitted to the BOC for container MCLU6001881,” Judge Lacorte pointed out in her decision.
Citing sworn statements and testimonies, Judge Lacorte said that in getting the shipment through BOC, Dong engaged customs broker Taguba for P190,000 for an “all in per container transaction” as well as provided to him “the list of goods to be declared in the BOC”, and “the identification of the containers’ owners and delivery addresses, in this case, container MCLU6001881 is to be delivered to Hongfei Logistics warehouse in Valenzuela City.”
The judge pointed out that during the trial, it was shown that “container MCLU6001881 was released from BOC with accused Tatad of EMT Trading as the consignee and accused Marcellana as the broker and transported by truck with plate no. AAC 3123 of Golden Striker Trucking owned by accused Taguba.”
“The engagement of accused Taguba of a consignee for hire and broker manifest the deliberate intention to conceal the actual owner of the shipment,” the judge also said.
The decision stated that Tatad agreed “for EMT Trading to be accused Taguba’s exclusive consignee for hire with a royalty fee of P1,500 per container.”
“Accused Marcellana as the broker thereof prepared and lodged the Entry Declaration in the BOC E2M (electronic to mobile) System. Since the subject shipment was classified by the Risk Management Office as ‘Geen Lane’, it did not undergo the usual physical and documentary examination and therefore released at the MICP Customs house through Online Releasing System on May 23, 2017,” the decision also stated.
Citing the testimony of Philippine Drug Enforcement Agency (PDEA) Agent Norman Balquiedra, Judge Lacorte said “container MCLU6001881 is covered by a non-negotiable BIll of Lading which means that the shipment shall only be delivered to the consignee EMT Trading which did not happen in this case as said shipment was delivered to Hongfei Philippines.”
Judge Lacorte also said Tatad’s claims that her signatures in the shipping documents were forged have not been substantiated and, because of this, the proprietress of EMT Trading should be “held accountable for any shipment she had undertaken as an accredited BOC consignee even for free or a minimal fee of P1,500 per container.”
“Accused Dee is not a mere warehouseman but he is the ultimate consignee of the five (5) wooden crates with metal cylinders containing 602 kilograms of methamphetamine hydrochloride or shabu with appraised value of P6.4 billion which were among the contents of MCLU6001881. Accused Dee’s name and phone number were indicated in the packing list from Hongfei, Xiamen, China and mentioned by ASB, to prosecution witness Raineir Ragos (BOC intelligence officer),” the judge pointed out.