THE Department of Justice (DOJ) has granted Marine Lieutenant Colonel Ferdinand Marcelino's plea to withdraw the drug charges filed against him and his Chinese companion, Yan Yi Shou.
A resolution dated May 17 signed by Justice Undersecretary Deo Marco once again cleared Marcelino and Shou after they sufficiently proved that they were just performing their lawful duty when they were chanced upon by anti-narcotics agents inside the drug laboratory in Sta. Cruz, Manila.
"Wherefore, premises considered, the petition for review is granted. The resolution dated September 15, 2016 of Assistant Prosecutor Alexander Suarez as approved by Senior Deputy State Prosecutor Richard Anthony Fadullon, is hereby reversed and set aside, and the resolution dated May 23, 2016 of Senior Deputy State Prosecutor Theodore Villanueva is hereby affirmed," the resolution stated.
Villanueva had earlier ordered the dismissal of the drug charges against the two stemming from their arrest at an alleged clandestine laboratory in Sta. Cruz, Manila in January last year for lack of evidence.
Marcelino and Yan were arrested on January 21, 2016 during a raid at a suspected shabu laboratory in Sta. Cruz, Manila wherein 76.7 kilograms of shabu and 490 ml of liquid shabu were seized.
The DOJ had reversed its ruling in a resolution dated September 15 following its grant on the appeal filed by complainants in the case.
Public Attorney's Office (PAO) chief Persida Rueda-Acosta immediately asked the Manila Regional Trial Court (RTC) to withdraw the charges Marcelino and Shou in connection with a P380 million drug case.
At a press conference in Manila Thursday, Acosta said her office has already filed a motion with the Manila RTC to release Marcelino and Shou following its receipt of the DOJ resolution that ordered the dropping of the illegal drug possession case against the two.
Acosta, who represented Marcelino and Shou, said the release order to be issued by Manila RTC branch 49 Presiding Judge Daniel Fernandez could be released Thursday, May 18.
Marcelino is currently detained at Camp Aguinaldo upon the request of the Armed Forces of the Philippines (AFP) while Shuo is detained at the Camp Bagong Diwa in Taguig City. (VoxPop Philippines)
