Marcelino cleared, may testify vs Leila

MANILA, Philippines - The Department of Justice (DOJ) has cleared Marine Lt. Colonel Ferdinand Marcelino and his Chinese companion Yan Yi Shou of drug charges stemming from a raid on a meth lab early last year.

Marcelino’s lawyer, chief public attorney Persida Rueda-Acosta, earlier revealed before a press conference that the officer is willing to testify against detained Sen. Leila de Lima on her alleged involvement in the illegal drug trade.

Acosta immediately filed a motion before the Manila Regional Trial Court seeking release from detention of Marcelino, which was granted yesterday.

In a 13-page resolution released yesterday, the DOJ granted the petition for review filed by the detained military officer and reversed its earlier review resolution in September last year.

The DOJ had found probable cause in the charges of violation of Section 11 (possession of dangerous drugs) of Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002) against Marcelino and Yan.

It instead reinstated the original resolution of investigating prosecutor in May last year that dismissed the charges for lack of probable cause.

“Lt. Col. Marcelino and Yan Yi Shou have sufficiently proven that they were in performance of a lawful duty when they were chanced upon by the PNP (Philippine National Police) and PDEA (Philippine Drug Enforcement Agency) joint team, thereby negating the evidence of the complainants-appellees purportedly establishing that they are probably involved in the manufacture of illegal drugs, conspiracy in the manufacture thereof, or illegal possession of the same,” read the latest resolution signed by Undersecretary Deo Marco for the office of Secretary Vitaliano Aguirre II.

Visit from the senator

In his earlier affidavit, Marcelino revealed that while he was detained at the PNP custodial center after his arrest, De Lima visited him and discussed the raid and dismantling of a shabu laboratory in Camiling, Tarlac that stemmed from his counter-intelligence operation.

“We discussed operation in the clandestine laboratory in Tarlac and the possible infiltration of the drug syndicate in the political leadership of which she said to me, ‘I can assure you the President is not involved,’” Marcelino said in his sworn statement obtained by The STAR.

The raid on what was tagged as the biggest shabu laboratory ever dismantled by authorities in the country took place during the previous administration of president Benigno Aquino III.

“I was stunned when she mentioned the president, when I did not even state his name nor even allude to him at that time,” Marcelino said.

Marcelino, who had served in the PDEA, had revealed he was pursuing the possible political link of the syndicate behind the Tarlac laboratory.

“Why is the largest clandestine shabu laboratory established right in the home province of then President Benigno Aquino III, which is also the province where the then PDEA director general Arturo Cacdac once served as provincial director of PNP?” he asked.

“Is it possible that the syndicates already penetrated the highest political leadership of the country? Or do they want to simply embarrass our government when it will eventually be discovered?” Marcelino pointed out.

While pursuing this angle, Marcelino said anti-narcotics operations of government also focused on the flourishing drug trade in the New Bilibid Prison following intelligence information showing that about 70 percent of illegal drugs in the country came from the national penitentiary.

Marcelino claimed he was surprised why the ISAFP was left out of the operations led by then justice secretary De Lima when the original plan was that the military intelligence operatives would conduct forensic tests on contraband seized.

In the same affidavit, Marcelino also belied claim of De Lima that he was supposedly being coerced to testify against her.

“As a matter of fact, I was only constrained to execute this affidavit due to the misleading claims made by Sen. De Lima in her press conference on Sept. 22, 2016 using my name and my privileged communication with my mistah (classmate) without my knowledge and consent,” he said.

Forgiveness more powerful than vengeance

Following his release from military detention yesterday, Marcelino said he would be going home to secure his family and himself, as he had earned a lot of enemies in his anti-drug campaign.

He said he would join Duterte’s war against drugs as soon as his return to his unit has been finalized.

“President Duterte is my commander in chief, who am I to refuse him if he orders me,” Marcelino said.

Asked if he would be filing counter-charges against the policemen and the PDEA, Marcelino said he has yet to decide.

“I learned a lot while in detention. I learned that forgiveness is more powerful than vengeance. Justice is continuously moving that you don’t know which way, but it is coming,” he said.

Marcelino and Yan were arrested in a drug bust in a house along Felix Huertas Street in Manila on Jan. 21, 2016 where PNP and PDEA agents seized 76,697.7 grams or P380 million worth of shabu.

Marcelino argued he was in a covert operation when the lawmen chanced on him and Yan when they raided the house. – With Emmanuel Tupas, Jaime Laude