Arrest warrant vs Chinese linked to mega shabu lab stays — Makati court
Credit to Author: jespinosa| Date: Tue, 08 Jan 2019 03:25:30 +0000
MANILA, Philippines — The Makati City Regional Trial Court has refused to recall the arrest warrant against one of the accused in the mega shabu laboratory in Virac, Catanduanes.
In an order made public Tuesday, Makati RTC Branch 63 Judge Selma Palacio Alaras denied the motion to quash and request to recall the warrant of arrest issued against Xian Xian Wang.
Wang is specifically facing case of conspiracy to manufacture illegal drugs along with four other accused: former acting regional director of NBI-Central Mindanao Regional Office (NBI-CEMRO) Eric Isidoro, Pido Bonito, Paolo Uy and Jayson Gonzales.
Wang, who remains at large, wants the Information or charge sheet against him dropped. In his motion to quash, he said the Information filed against him was erroneous for providing only conclusions of law and not recital of facts in violation of his right to be informed. Wang’s motion also pointed out that the charge sheet failed to narrate his exact participation linking him to the conspiracy in operating a shabu laboratory.
But the Makati court ruled that the case filed by the prosecutors “clearly and accurately alleges the essential elements of the crime charged against Wang, that is, attempt or conspiracy to manufacture any dangerous drug and/or controlled precursor and essential chemical.”
“There is no defect in the Information that would warrant any amendments thereto by the prosecution,” the court added.
The court added that there is no need to recall the arrest warrant issued by Virac Judge Lelu P. Contreras.
“It is worthy to note that when the Warrant of Arrest was issued by Judge Lelu P. Contreras, she has personally determined through the supporting documents presented by the prosecution that there was probable cause to issue the subject warrant of arrest against accused Wang and there is no need to disturb the finding of an equally competent court,” Alaras said.
The court said trial on the case will now proceed.
The other arrested accused, Lorenzo Piñera II, will stand trial for cases of possession and manufacture of illegal drugs along with five other accused who are also still at large — Uy, Gonzales, Paolo Palisoc, Phung Yuan Estorco and Sheng Wang.
Of the accused, only Isidoro and Piñera are under detention at the city jail.
The mega shabu laboratory was discovered by authorities in 2016. They seized over P100-million worth of shabu and ephedrine. The property where the shabu laboratory was located in Virac, Catanduanes was allegedly owned by a certain Sarah Sarmiento. It was leased by Angelica Balmadrid, who is allegedly the common-law wife of Isidoro. /je