Marcelino asks court for ‘second hard look’ at plea vs drug charges

MANILA, Philippines – Marine Lieutenant Colonel Ferdinand Marcelino and his Chinese co-accused in a P380-million drug case have asked the Regional Trial Court of Manila to reverse its resolution denying their motion to dismiss the charges against them.

The former drug enforcement agent and Yan Yi Shou, through the Public Attorney’s Office, filed an omnibus motion for reconsideration and to lift the arrest warrants against them on Wednesday, January 4.

“With all due respect, herein accused beg the Honorable Court to take a second hard look on Lt Col Marcelino’s involvement in clandestine operations to eradicate illegal drugs,” the motion stated.

Marcelino and Yan insisted that the charges of illegal possession of dangerous drugs filed by the Department of Justice have no basis (DOJ). The case stemmed from the recovery of P380 million worth of methamphetamine hydrochloride or “shabu” in an apartment in Sta Cruz, Manila, last year, where both of them were arrested.

The two argued that Judge Daniel Fernandez of Manila RTC Branch 49, who had issued the warrants for their arrest, committed a mistake in ruling that there was conspiracy between them.

“The Honorable Court failed to consider that the presence of accused Lt Col Ferdinand Marcelino was in fulfilment of his duty as a military intelligence officer,” the motion said.

When he was arrested on January 21, 2016, Marcelino denied the drug charges and said he was at the scene of the drug bust for a covert surveillance operation.

At the time, the Marine officer presented a certificate proving that from September to December last year, he was sharing intelligence on Army personnel involved in illegal drugs. He was only in the shabu laboratory for a top-secret mission sanctioned by the military.

The orders, Marcelino said then, came from no less than the Intelligence Service of the Armed Forces of the Philippines (ISAFP). He said his handler was then Philippine Army chief and former ISAFP head Lieutenant General Eduardo Año, who is now AFP chief.  (READ: Marine Colonel: I would never betray country for drugs)

Marcelino surrendered to the AFP Provost Marshall in Camp Aguinaldo on Tuesday, and Yan to the National Bureau of Investigation hours later. The AFP  is seeking custody of Marcelino.

The DOJ had earlier asked RTC Branch 49 to issue hold departure orders against Marcelino and Yan to keep them from fleeing the country to avoid prosecution.

In January 2016, the DOJ investigated a complaint of the Philippine National Police-Anti Illegal Drugs Group (PNP-AIDG) and PDEA against Marcelino for alleged drug possession.

Marcelino was freed in June 2016 after the DOJ dismissed his case for lack of evidence. But acting on an appeal from the PNP-AIDG and PDEA, the DOJ filed illegal possession charges against Marcelino before a Manila court in September 2016. – Rappler.com