DoJ junks criminal case filed vs 24 Taiwanese nationals

MANILA, Philippines— The Department of Justice (DoJ) has dismissed the criminal case filed by the National Bureau of Investigation (NBI) and the Embassy of the People’s Republic of China against 24 Taiwanese nationals, 14 of who were deported.

In four separate resolutions by acting City Prosecutor Gerard Gaerlan, the DoJ recommended the dismissal of the complaint containing charges of syndicated estafa and violation of Republic Act 8484 or Access Devices Regulations Act of 1998 against the Taiwanese nationals because of “insufficient evidence to establish probable cause against the respondents.”

Twenty-four Taiwanese nationals were arrested by the NBI-Anti-Fraud and Action Division (NBI-AFAD) in
separate raids in Muntinlupa, Makati, Paranaque and Quezon City , along with the confiscation of items found in their possession like two-way radios, box of telephones, laptops, computer cables, router, among others.

Gaerlan said under Section 9 of RA 8484, prohibited acts involved either a counterfeit access device, unauthorized access device or an access device fraudulently applied for.

However, in the complaint filed by the NBI and Chinese embassy, the seized item “cannot immediately be classified as access devices defined under RA 8484 since the said items were ordinary equipment or instruments used for ordinary activities.”

“Thus, failure to show any proof that these seized items were used in committing prohibited acts under RA 8484 means that there is not enough evidence to establish probable cause against the respondents, since the mere possession of these items is not prohibited by the said law,” Gaerlan added.

The 14 Taiwanese nationals deported last February 2 were Liu Kue yan, Lih Chih Chang, Tsou Chi Feng, Fan Ming Fu, Wang Jun Shang, Kung Yin Fin, Lin Te, Kuei, Lin Yin Chan, Li Shang Bin, Zhuan Zhao Shan, Chan Ja Shang, Cheong Ho Yang, Li Yuan Hsing and Tai Yao Pin. It was not clear what happened to the 10 others.

Their deportation resulted in a diplomatic spat between the Philippines and Taiwan, putting at risk overseas Filipino workers in that Chinese province and a demand by recruitment agencies for Immigration chief Ronaldo Ledesma’s resignation.

Six of the 14 Taiwanese nationals questioned their arrest at the Court of Appeals through a petition for habeas corpus.