Charges pending against suspects in fake cigarettes case

By Jennifer P. Rendon

The 4th Special Operations Unit (SOU) of the PNP Maritime Group has yet to file charges against the suspects caught possessing suspected fake cigarettes.

Colonel Ervin Glenn Provido, Regional Maritime Unit (RMU) 6 director, stated that operatives need to complete some documentary requirements before filing the case in court.

One such requirement is a certificate of authenticity from Japan Tobacco Inc., the company that lodged the complaint against the suspects.

“The company has to check the samples of the recovered fake cigarettes. They will then issue a certification if they’re not authentic,” Provido said.

Following the twin raids on July 24, the 4th SOU brought the samples to the JTI office in Bulacan because they don’t have an office in Western Visayas, Provido added.

However, the 4th SOU has already filed a case for violation of Republic Act 10591 (Comprehensive Firearms and Ammunition Regulation Act) against Donnel Jeruta of Zone 2, Barrio Obrero, Lapuz, Iloilo City.

A 59-year-old Chinese national and the 31-year-old Jeruta were arrested in twin police operations for possession of more than P5.5 million worth of fake cigarettes, but both were released after their reglementary period.

Joint elements of the 4th SOU headquarters tracker team and the Carles/EB Magalona SBC Support Unit – Iloilo Maritime Police Station, together with personnel from the Iloilo City Police Station, raided Jeruta’s residence around 7 p.m. on July 24.

The raiding team acted on Search Warrant No. 39-17-2024 for violation of Republic Act No. 8293 (Intellectual Property Code of the Philippines), issued by Judge Victorino Maniba of the Regional Trial Court Branch 39, Iloilo City.

Police recovered several boxes of counterfeit cigarettes worth around P540,000. They also seized during an incidental search a caliber .45 pistol, a caliber 9mm pistol (serial number AADV151), another caliber .45 pistol (serial number AEH576832), a 12-gauge shotgun, three gun cases, a Roni kit, several magazines for caliber 9mm and .45 pistols, an ammunition box, and assorted ammunition.

During his arrest, Jeruta revealed his alleged source. A subsequent raid was conducted at the warehouse of Chinese national James Chiu Chen at Gregorio Subdivision, Barangay Lopez Jaena Sur, La Paz.

Judge Maniba also issued the search warrant against alias Kuya Tan and Joy Tan Valencia.

When police arrived, Chen was alone inside the property. He was arrested after boxes of counterfeit cigarettes amounting to P4,980,000 were recovered at the warehouse.

The Maritime police launched the operation following a complaint lodged by Japan Tobacco Inc., a leading global tobacco company operating in over 70 countries.

Its portfolio includes international brands such as Winston, Camel, and Mevius, as well as local brands Mighty and Marvels.

Both suspects will be charged for violation of Section 155.1 in relation to Section 170 of RA 8293.

Section 155.1 refers to the “use in commerce of any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services, including other preparatory steps necessary to carry out the sale of any goods or services, on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive.”