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DOJ dismisses raps vs former PDEA officer Marcelino

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ABS-CBN News

<figure class="op-social"><iframe allowfullscreen="" frameBorder="0" height="315" src="https://www.youtube.com/embed/TtVTvAT0bJ0?rel=0&amp;showinfo=0" width="510"></iframe></figure>MANILA - The Department of Justice (DOJ) has dismissed the criminal complaint against Marine Lt. Col. Ferdinand Marcelino, who was arrested in a <a href="http://news.abs-cbn.com/nation/metro-manila/01/21/16/marine-officer-falls-in-drug-raid" target="_blank">drug raid</a> in Sta. Cruz, Manila last January.In a 16-page resolution exclusively obtained by ABS-CBN News, the DOJ, through Senior Deputy State Prosecutor Theodore Villanueva, said complainants Philippine Drug Enforcement Agency (PDEA) and Philippine National Police Anti-Illegal Drugs Group (PNP-AIDG) failed to provide sufficient evidence to pin down Marcelino and his informant and asset, Yan Yi Shou.The resolution junked the charges of manufacture, conspiracy to manufacture, and possession of illegal drugs filed against Marcelino and Yan.Marcelino, a known anti-drug crusader and former head of the PDEA Special Enforcement Service, and Yan, had argued they were in the town house where they were arrested for a legitimate anti-drug operation.The resolution said the PDEA and PNP-AIDG failed to present evidence &quot;to sustain a conviction during the trial on the merits of the case.&quot;The DOJ said that evidence provided during the preliminary investigation of the case shows that both Marcelino and Yan were never seen inside the town house during the surveillance.This supported Marcelino&#x27;s claim that it was their first time in the town house, and were there because they received information about an alleged illegal drug operation there.Marcelino, as evidence, also presented an affidavit which says that PDEA Intelligence and Investigation Service Director Randy Pedroso confirmed that Marcelino coordinated with him regarding his surveillance in that particular town house at that particular time, as supported by their exchange of text messages.The DOJ also said it was established that Marcelino and Yan arrived at the premises at 10:20 p.m., followed by the PDEA and AIDG operatives at 10:22 p.m., a difference of two minutes. This, the resolution said, ran counter to the allegation of complainants that Yan was even found on the second floor of the town house arranging plastic trays containing shabu, because it was physically impossible for him to be at the second floor if the difference in the entry of Marcelino and the operatives was just two minutes.The DOJ said &quot;the short gap of time and the absence of electrical power would very much hamper the movements of Marcelino and Yan to exercise control and dominion over the premises.&quot;The DOJ said that while PDEA and the AIDG alleged that Marcelino and Yan were in possession of illegal drugs, &quot;that is only their presumption based on the presence of respondents at the scene of the crime, which is not supported by independent evidence to show that respondents have prior actual knowledge that the house is a drug laboratory.&quot;The DOJ further said that it was respondents&#x27; claim that they were in the town house to verify if it was indeed a drug laboratory, and to inform the proper authorities if this was correct. The DOJ also noted a <a href="http://news.abs-cbn.com/nation/03/07/16/nbi-certifies-marcelino-part-of-anti-drug-ops" target="_blank">certification</a> from a director of the National Bureau of Investigation (NBI) Virgilio Mendez, which states that Marcelino was part of their operations against dangerous drugs. Moreover, Marcelino&#x27;s and Yan&#x27;s possession of the key to the town house &quot;cannot suffice to say they had control and dominion over the premises,&quot; the DOJ said. The DOJ said there should be prior overt acts of exercising control, administration, possession to show dominion over the premises and to whatever was found therein. The resolution recommended the issuance of a release order for both respondents.Marcelino is currently out on <a href="http://news.abs-cbn.com/nation/metro-manila/05/31/16/former-pdea-officer-marcelino-granted-bail" target="_blank">bail</a>.Meanwhile, the PNP-AIDG said it has yet to receive the DOJ resolution. &quot;Assuming it is true, we will coordinate with PDEA to plan the possible legal remedies,&quot; PSupt. Enrico Rigor, Chief, AIDG Legal and Investigation Division, said. -- report from Ina Reformina, ABS-CBN News

MANILA - The Department of Justice (DOJ) has dismissed the criminal complaint against Marine Lt. Col. Ferdinand Marcelino, who was arrested in a drug raid in Sta. Cruz, Manila last January.