By Kate Louise Javier
Another Valenzuela City Regional Trial Court (RTC) has dismissed the drug charges filed against Mark Taguba and eight others implicated in the P6.4-billion shabu shipment case due to forum shopping.
In an eight-page resolution, Branch 284 Presiding Judge Arthur Melicor granted Taguba, Richard Chen and Teejay Marcellana’s motion to dismiss the drug transportation and delivery case filed by the Department of Justice (DoJ).
“Filing a case for importation in Manila after the court in Valenzuela City has dismissed an earlier case for importation for lack of jurisdiction, and then filing another case, this time for transportation, before this court involving the same accused and based on the same facts, issues and arguments, clearly bears the hallmarks of forum shopping,” the decision read.
The ruling noted that forum shopping is the institution of two or more actions with same parties and cause of action on the belief that either one of the courts would rule a favorable disposition.
“From the point of view of the conspiracy to import the subject shabu, it may be said that the transport and delivery to the Hong Fei warehouse was a mere part of a series of acts to execute their shared design to import shabu,” the decision read.
The dismissed charges were filed against alleged fixer Mark Taguba; Richard Tan, owner of the Hong Fei Logistics warehouse in Valenzuela City where the drug shipment was found; alleged middlemen Manny Li and Kenneth Dong; import company owner Eirene May Tatad; Customs broker Teejay Marcellana; and Taiwanese businessmen Chen I-Min, Jhu Ming Jhun, and Chen Rong Huan.
Last November, Valenzuela RTC Branch 180 Judge Nena Santos also dismissed the drug importation charges against the nine accused due to lack of jurisdiction.
It was then refiled by the DoJ before the Manila RTC on January 24.
A week after, the DoJ filed anew criminal charges, this time for transportation/delivery, before the Valenzuela RTC.