Customs ‘fixer,’ drug smugglers meted life

The Manila Regional Trial Court (RTC) has sentenced customs "fixer" Mark Ruben Taguba and two others to life imprisonment after they were found guilty of smuggling 602.2 kilograms of shabu worth P6.4 billion.

In a 37-page ruling dated 18 November, Presiding Judge Rainelda Estacio-Montesa of Manila RTC Branch 46 also ordered Taguba, Eirene Mae Tatad and Dong Yi Shen Xi (alias Kenneth Dong) to pay a fine of P500,000 each.

The three were found guilty beyond reasonable doubt of violating Section 4 of Republic Act 9165, or the Comprehensive Dangerous Drugs Act.

The case against their co-accused — Chen Julong (alias Richard Tan or Richard Chen), Li Guang Feng (alias Manny Li), Teejay Marcellana, Chen I-Min, Jhu Ming Jyun, Chen Rong Huan and several other unidentified individuals — was ordered archived pending their arrest.

“Every conviction for a crime should only be handed down after proof beyond reasonable doubt of the guilt of the accused for the crime charged has been adduced,” the decision stated.

“In this case, the prosecution was able to discharge its burden of proving the guilt of accused Taguba, Tatad and Dong beyond reasonable doubt,” it added.

The illegal drugs shipment arrived at the Manila International Container Port on 16 May 2017, and was transported to a warehouse in Valenzuela City on 24 May. The shipment, which came from China, was misdeclared as packages of cutting boards, footwear, kitchenware and molds.

The Anti-Smuggling Bureau of China Customs tipped off the Philippine Bureau of Customs, which conducted a controlled delivery. The BoC discovered the illegal drugs on 26 May, during an operation at the Valenzuela City warehouse.

The drugs were hidden inside 605 plastic bags stashed in five metal cylinders, which were then packed into wooden crates.

Tatad was identified as the owner of EMT Trading, the consignee of the shipment.

During the trial, Taguba admitted that he processed and facilitated the entry of the container van through the Bureau of Customs. He also confessed to arranging for the transport of the container through Golden Strike Logistics Inc., a company he owned.

“It is clear from the foregoing that Taguba played a central role in facilitating the importation of the illegal drugs,” the court said. “He processed the importation documents and used his logistics company Golden Logistics Inc. to arrange for the transport of the container.”

The court added: “Taguba’s direct involvement in processing and facilitating the shipment’s entry through the Bureau of Customs is a clear overt act in furtherance of the conspiracy.”

The trial court found that Tatad, as the consignee of the shipment, facilitated the entry of the illegal drugs, implicating her in the conspiracy.

The court dismissed Dong’s claim that he merely acted as a consultant, tasked with receiving the list of goods for the container from the accused Li.

Tatad’s defense that she only allowed her company to be the consignee of Taguba’s shipments for a fee was also rejected.

“These defenses, however, cannot outweigh the evidence presented by the prosecution,” the court stated.

Earlier, Taguba, Tatad, Dong and Fidel Anoche were sentenced by the court to reclusion perpetua for their roles in the importation, receipt, facilitation, and misdeclaration under the Customs Modernization and Tariff Act (Republic Act 10863) in connection with the shabu shipment. Each violation carries a sentence of reclusion perpetua and a fine of P50 million for each individual involved.