Manila judge inhibits from Marcelino drug case
A Manila judge has inhibited herself from hearing the drug case against Marine Lt. Col. Ferdinand Marcelino and his Chinese companion due to personal reasons.
Judge Felicitas Laron Cacanindin of the Manila Regional Trial Court branch 17 said she had to let go of the case because of her association with former Philippine Drug Enforcement Agency (PDEA) Director General Arturo Cacdac, who was the anti-narcotics chief when Marcelino and Yan Yi Shou were arrested at a clandestine shabu laboratory in Manila on January 21.
In a three-page order, Cacanindin said Cacdac is the brother of her best friend in high school.
The judge also said she and Cacdac both hail from La Union and even graduated from the same high school.
“Actually, at the outset, this fact entered her mind,” Cacanindin said, addressing herself in the third person.
“However, she did not entertain any bias towards Gen. Cacdac because, she thought Gen. Cacdac only performed his functions as the then Director General of PDEA and he had nothing to do with the case nor arrest of Lt. Col. Marcelino," she added.
Cacanindin said she even continued reading and studying the voluminous pleadings submitted by the parties in the case.
"In fact, it took its toll on her health that she got sick due to sleepless nights as she brought home copies of the documents filed to be read and studied," the judge said.
The judge, however, said she was reminded by "well-meaning friends and relatives" of her association with Cacdac, prompting her to take a second look "at the very role Cacdac had" in the case.
“Lo and behold, accused Lt. Col. Marcelino alleged and pointed to Gen. Cacdac as the very person who ordered his arrest despite his explanation of his presence at the target area of the search warrant implemented. It was averred that Gen. Cacdac made Lt. Col. Marcelino as a scapegoat for personal reasons and merely to gain," the order stated.
Marcelino had previously criticized PDEA's performance in curbing illegal drugs under Cacdac's watch.
“To erase any suspicion on the impartiality and objectivity of the undersigned as she is always been a believer of fair play and justice, she wishes to relieve/enjoin herself from hearing the case specially resolving the omnibus motion filed by the accused,” the order read.
"This is a view by many whom she consulted professionally to which she fully subscribes," it added.
As a result, case records will have to be forwarded to the Office of the Executive Judge of the Manila RTC, which will re-raffle the case to another judge.
Cacanindin said she was in the process of finalizing the request of Marcelino and Yan to dismiss the case when she decided to step aside.
She earlier suspended the arraignment and issuance of warrant of arrest against the two pending the resolution of their motion which was filed by the Public Attorney's Office.
In the motion, the PAO told the court that there was no probable cause to proceed with the trial of Marcelino and Yan for possession of dangerous drugs.
The PAO argued that the arrests were illegal because it was not established that Marcelino and Yan have exercised control over the premises where the illicit drugs were found.
The chain of custody of the seized drugs was also not properly preserved and safeguarded, PAO added.
Marcelino, a former PDEA official, and Yan had asserted that they were only fufilling their lawful duties at the time of their arrest, when anti-narcotics agents seized nearly 77 kilograms of shabu in a house in Sta. Cruz, Manila.
The Department of Justice previously junked the drug complaints last May but the Philippine National Police and the PDEA filed an appeal, which was resolved in their favor by Assistant State Prosecutor Alexander Suarez on September 15. —ALG, GMA News