"Stolen check" referred to Ombud

CEBU, Philippines - Former Regional Trial Court Branch 28 presiding judge Marilyn Lagura-Yap, who is now an associate justice of the Court of Appeals, referred to the Office of the Ombudsman the check owned by one of the accused in the “Shabu 11” case which was allegedly stolen by the leader of the Philippine Drug Enforcement Agency Team A.

“With regards to the Joint Judgment that has been promulgated, the Court refers the matter of Allied Bank check #0022547 (Exhibit “3” of Tao Fei and Liu Bo) allegedly stolen by PCI Madzgani Mukaram to the Office of the Ombudsman,” Yap’s order dated February 23, 2012 reads.

Mukaram, is the leader of the PDEA team who raided the shabu laboratory in barangay Umapad, Mandaue City on September 24, 2004 where the eleven accused were arrested. They were mostly Chinese while some were Malaysians and Filipino nationals.

Last February 23, 2012, Yap sentenced all of the eleven accused, dubbed as the “Shabu 11”, to life imprisonment and a fine of P10 million each.

As for the alleged stolen check, Allan Yap Garcia, one of the accused, testified that the check was issued on September 20, 2004 and was placed inside his wallet when he went to Caps R Us on the same date that the warehouse was raided.

Garcia said that he was talking to Joseph Yu near the door of the warehouse when some armed persons wearing civilian clothes came and pointed guns at them.

Garcia revealed that they were both instructed to drop to the ground and unknown men took his wallet, cash and cellular phone.

He testified that all the items taken from him were not returned and the said check was negotiated with the bank by a certain Reynaldo Macias who also testified that the check came from Francis Mutuc. The check was drawn against Allied Bank Cebu Gorordo Branch dated September 25, 2004 worth P40,000 from the account of  Yu, another accused in the said case.

In his testimony, Macias said he was familiar with the said check because he received it from Mutuc, his friend, who is engaged in the business of selling ship spare parts and an agent of diesel and crude oil. Macias said that Mutuc told him the check was owned by Yu and he re-discounted the check in the amount of P36,000.

He further testified that Mutuc had been telling him that he was disgruntled because PDEA did not give him a share from the proceeds of the check and that on February 13, 2009, the latter continued to express his discontentment. 

Macia also revealed that Mutuc told him that he is a member of PDEA team and mentioned the names Mukaram, Aram, Albani and Tomadoni Mortesa.

The defense on the other hand, presented documents in court during the course of the trial which went on for eight years. Presented were Mutuc’s Agent’s Agreement witnessed by Mukaram and PCI Adzghar Albani, who is the leader of Team B.

Also presented by the defense was Mutuc’s  Oath of Loyalty, Pseudonym Agreement of Project Red Crystalline, Source Data Summary indicating Mutucs’s code name “Amigo” with attached photo and his personal data information.

All said documents including Mutuc’s Personal Civilian Fingerprint chart were subscribed and sworn to before Albani.  (FREEMAN)