MANILA—The Philippine National Police Drug Enforcement Group (PNP-DEG) will file A motion for reconsideration (MR) on the resolution of the Department of Justice(DOJ) dismissing the drug charges against Marine Lt. Col. Ferdinand Marcelino and his alleged cohort Yan Yi Shou.
Marcelino was released from the custody of the Armed Forces of the Philippines (AFP) in Camp Aguinaldo, Quezon City on Thursday.
In a press conference in Camp Crame, Quezon City, PNP-DEG spokesman Supt. Enrico Rigor said they have 10 days within which to file an MR.
Rigor noted that the principle of “double jeopardy” would not apply on the case of Marcelino as he has not yet been arraigned.
The PNP-DEG official is hopeful that the DOJ would grant an MR as they have a “damning evidence” against Marcelino and Shou.
“As I have mentioned, so far, all the defenses raised by Col. Marcelino was taken as a gospel truth by the (DOJ) ruling even if the certification from AFP (Armed Forces of the Philippines) and NBI (National Bureau of Investigation) cannot take the place of a prior coordination with PDEA (Philippine Drug Enforcement Agency) because it is mandated by RA 9165 (Comprehensive Dangerous Drugs Act of 2002),” Rigor said.
In the DOJ resolution, it said there was no “constructive possession” on the part of Marcelino pertaining to the 77 kilos of shabu seized in a clandestine shabu laboratory in Sta. Cruz, Manila in Jan. 2015.
“Let me just remind you that there was no discussion whatsoever on the (DOJ) resolution with regards to Yan Yi Shou but yet he benefited from the resolution,” Rigor said.
Shou is set to be released on Friday from detention at the Bureau of Jail Management and Penology (BJMP) in Camp Bagong Diwa, Bicutan, Taguig City.
“The ultimate fact is that Yan Yi Shou was arrested on the second floor of the Celadon residence stocking more than 70 kilos of shabu, i think 77 kilos in a plastic crate coming from the back of the truck used by Marcelino and Yan Yin Shou,” Rigor said.
“He (Shou) was caught stocking 77 kilos of shabu whereas Lt. Col. Marcelino as specified on the affidavit was on the first floor,” he added.
Rigor expounded that it was Yan Yi Shou who told Marcelino of the existence of the said drugs.
“They came together at Celadon. It was Lt. Col. Marcelino who has key to the house where the 77 kilos of shabu was found,” Rigor added.