The Court of Appeals has overturned a decision of the Manila City Regional Trial Court (RTC) charging Bren Esports CEO Bernard “Bren” Chong for his alleged involvement in the botched drug smuggling at the Manila International Container Port.
In a 27-page decision, the Special 17th Division of the Court of Appeals has set aside the decisions promulgated by the Manila City RTC naming Chong as one of the accused and co-conspirators for the importation of dangerous drugs punishable under Section 4 of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2022.
Chong filed a Petition for Certiorari before the Appellate Court docketed under CA — G.R. SP No. 174135 on July 1, 2022, wherein Manila RTC Branch 53 presiding Judge Reynaldo Alhambra was named respondent for grave abuse of discretion amounting to lack or excess of jurisdiction when it refused to quash the warrant of arrest and dismiss the criminal charge.
Chong stated in the petition that the public respondent committed grave abuse of discretion when it abnegated its constitutional duty to insulate from the very start the petition who is falsely accused of the crime of violation of RA 9165, as amended, a non-bailable offense from the tribulations, expenses, and anxiety of public trial.
“The petition is meritorious. In the Court’s power of judicial review, it is incumbent on the Court to ease the burden of the trial court in zeroing on the real culprits so that the latter may be brought to the face the dictates of criminal justice,” Associate Justice Bonifacio Pascua stated in the order.
Associate Justices Louis Acosta and Jennifer Joy Ong concurred with the order.
Pascua ordered the dismissal of the case insofar as herein petitioner Lu Chong is concerned and quashing the issued warrant of arrest against the petitioner in connection with the afore-indicated case,” Pascua added.
Chong submitted a certification by the notary public as well as the General Information Sheet and Board Resolution in June and July 2018 showing that he has assigned his shares of stocks to Fortuneyield president Jaymark De Vicente.
