QC fiscal frees businessman in mail-order shabu case

MANILA, Philippines -  A Filipino-Chinese businessman who allegedly imported shabu from China has been released, despite being accused of a non-bailable offense, after the Quezon City prosecutor’s office ruled that the complaint against him still needed further investigation.

The Philippine Drug Enforcement Agency (PDEA) questioned the city fiscal’s resolution on the case against Marvin Sia before the Department of Justice, and Undersecretary Francisco Baraan reversed the findings and ordered the filing of charges against Sia, who was arrested Jan. 30. PDEA officials fear Sia, 25, would leave the country.

Baraan, in a review resolution dated Feb. 3, ordered the city prosecutor’s office to file before the court two counts of importation of prohibited drugs (no bail recommended); six counts for importation of controlled precursors or essential chemicals; and one count for possession of dangerous drugs (no bail recommended). A copy of Baraan’s resolution was obtained by The STAR.

Sia is accused of importing two kilos of shabu and six kilos of piperonal, a chemical used in the production of the party drug ecstasy.

Baraan dismissed questions raised by the city fiscal on the validity of the operation conducted by the anti-narcotics agents and on the pieces of evidence attached to the complaint against the suspect.

“It bears to underscore that respondent freely and consciously possessed the same, as shown by his knowing receipt of the subject illegal drugs when it was given to him, pursuant to the controlled delivery operations,” he said.

Baraan said the PDEA was able to show that Sia “tracked and followed up” the release of the packages through e-mail, and even asked about a ninth package.

On Friday, the Quezon City Regional Trial Court Branch 220 ordered the PDEA to produce Sia in court that afternoon, after the suspect’s camp applied for a writ of habeas corpus based on the fiscal’s resolution. Sia was released that same day.

Sought for comment over the weekend, PDEA Director General Jose Gutierrez Jr. said they “are thankful to the DOJ because they decided in favor of the agency in the review resolution.”

Lawyer Jacquelyn de Guzman, officer in charge of the PDEA-Legal and Prosecution Service, said they expect the charges to be filed in court today so that a warrant would be issued for Sia’s arrest.