CITING alleged technicalities, the Quezon City Prosecutor’s Office ordered the release for further investigation of a 27-year-old Filipino-Chinese businessman arrested by agents of the Philippine Drug Enforcement Agency and the Bureau of Customs in a “controlled delivery” operation that resulted in the seizure of eight kilos of shabu worth P40 million.

In a resolution signed by Q.C. Assistant City Prosecutors Diovie M. Macaraig-Calderon, Rogelio A. Velasco and Donald T. Lee, the case filed against suspect Marvin Sia was recommended for further investigation due to lack of evidence to hold the accused for trial and questions on the chain of custody of the seized packages.

The prosecutors said the complaint, allegations of witnesses and the attached documentary evidence are insufficient to hold the respondent for trial.

They said  the evidence failed to prove that Sia was the one who imported the packages addressed to him or had knowledge of the delivery of the items or “that he was indeed trafficking or anticipating the delivery.”

PDEA officials protested the resolution. They said they  strictly complied with the law when they filed the case against Sia.

PDEA spokesperson Evangeline Almenario said the Agency cannot immediately release Sia despite his lawyer’s demand. She said there are procedures to follow like the required medical and physical examination to satisfy documentary requirements before releasing a suspect.

Sia’s arrest stemmed from information supplied by Customs officials based in Clark Freeport Zone that packages from China suspected to be containing shabu entered the country using a courier service through the Diosdado Macapagal International Airport in Pampanga. 

The information prompted PDEA to conduct “controlled delivery operation” which is usually conducted when authorities are alerted on transport of illegal shipment.