THE Justice department has approved the withdrawal of its drug case against Marine Lieutenant Ferdinand Marcelino and his Chinese companion Yan Yi Shou.
The department upheld the May 23, 2016 resolution of a state prosecutor clearing Marcelino and Yan of violating the Comprehensive Dangerous Drugs Act for alleged possession of illegal drugs due to lack of evidence.
The Manila Regional Trial Court Branch 49 on Thursday ordered Marcelino and Yan’s release following the Justice department’s resolution and the withdrawal of the P380-million drug case against them.
The department said the evidence presented by the Philippine National Police and the Philippine Drug Enforcement Agency was insufficient to warrant the filing of drug cases against the accused.
“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 and PDEA joint team,” the department’s resolution said.
That resolution overturned the September 2016 Justice department ruling finding probable cause against Marcelino and Yan.
Marcelino and Yan were arrested in a drug bust along Felix Huertas Street in Manila on Jan. 21, 2016, and seized 76,697.7 grams or P380 million worth of shabu.
Marcelino maintained his innocence, saying he was only in the area doing surveillance operations with his asset Yan.
But the police still arrested Marcelino and filed a case against him and Yan before the Justice department.
Marcelino said the root cause of his arrest was PDEA Chief Arturo Cacdac, who was “historically irate” at his continued involvement in the government’s anti-drug campaign.
Marcelino filed a petition for bail before the Quezon City Regional Trial Court, which was granted for lack of evidence.
Judge Lyn Ebora Cacha said Marcelino was found in the ground floor, where there were no illegal drugs.
The court added that the authorities failed to present proof that Marcelino had any knowledge or control of the illegal drugs found in the area.
The court noted that Marcelino was found resting on a sofa when the authorities arrived in the area.
“His mere presence at the house does not by itself make petitioner Marcelino liable as such is merely circumstantial, which is yet to be connected to the crime,” the judge said.
