TAGOLOAN, Misamis Oriental — The Department of Justice (DOJ) Prosecution Office has ordered the immediate release of 69 Chinese nationals arrested at the Philippine San Jia Steel Corporation due to insufficient evidence.
The foreign nationals were apprehended during a May 15 raid executing a search warrant against San Jia.
The company was allegedly utilizing hazardous materials, including uranium and thorium, posing severe health risks to nearby communities.
Authorities also alleged the individuals were residing on-site while performing various operational, supervisory, administrative, technical, and industrial roles.
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Following the operation, the group was transferred to the National Bureau of Investigation (NBI) Central Office in Manila.
Lack of individualized evidence
The initial complaint was filed by the NBI’s Chemical, Biological, Radiological, Nuclear, and Foreign Malign Influence Unit.
It cited alleged violations of immigration and labor laws, nuclear and workplace safety regulations, consumer protection laws, and national security concerns.
However, in a 25-page resolution signed on May 22, the DOJ Prosecution Office ruled that the evidence failed to establish with reasonable certainty which specific individuals were illegally employed or lacked proper documentation.
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"In the absence of competent evidence showing individualized participation with reasonable certainty of conviction, the charge against the remaining respondents cannot be sustained," the resolution stated.
Key findings from the resolution
Undefined Roles: Prosecutors noted on page 14 that authorities failed to determine the precise nature of each individual's function, the duration of their stay, or the specific circumstances of their work.
Missing Records: The files lacked individualized proof identifying which foreign nationals lacked valid Alien Employment Permits (AEPs) or were directly tied to unlawful employment setups.
No Blanket Liability: The DOJ emphasized that corporate violations do not automatically translate to criminal liability for all employees present on-site.
While the 69 individuals have been ordered released, the DOJ noted that further inquiry is still necessary regarding potential violations of corporate misdeclarations or misrepresentations in required sworn statements.
