MANILA, Philippines — The Department of Justice (DOJ) has rejected a bid of former Bureau of Customs (BOC) commissioner Nicanor Faeldon seeking immediate dismissal of the drug and criminal charges filed against him over the P6.4-billion shabu shipment.
In a resolution released yesterday, state prosecutors dismissed Faeldon’s motion contesting DOJ’s jurisdiction on the case, saying this should have been filed with the Office of the Ombudsman.
The ombudsman, Faeldon said, has jurisdiction on cases involving government officials belonging to salary grade 27 or higher.
The panel said the DOJ has jurisdiction over the case as charges under Republic Act 9165 of the Comprehensive Dangerous Drugs Act of 2002 are within the jurisdiction of the regional trial court (RTC) and not the Sandiganbayan.
The prosecutors said the law does not qualify on the salary grade of public respondents in drug cases.
“It does not mention that cases against these government officials shall be filed before the Sandiganbayan, but instead, imposes the maximum penalty for the unlawful acts committed,” read the resolution.
The DOJ cited the drug case against detained Sen. Leila de Lima, where her indictment before the RTC was upheld by the Supreme Court (SC) in a recent decision.
“This panel finds no cogent reason to deviate from earlier position of the department that it has jurisdiction to conduct preliminary investigation over drug cases involving public officers and employees, including those who have a salary grade of 27 and higher,” it said.
In ruling on De Lima’s case, the SC held that RTCs – not the Sandiganbayan – have jurisdiction on illegal drug cases involving public officials and employees, regardless of salary grade.
With the dismissal of Faeldon’s motion, the DOJ panel proceeded with the preliminary investigation on the charges.
Faeldon again appeared at the hearing and submitted a counter-affidavit seeking to dismiss the complaint filed by the Philippine Drug Enforcement Agency (PDEA) for lack of probable cause.
Faeldon denied the allegations against him as “ludicrious, laughable and baseless.”
He said PDEA’s Seaport Interdiction Unit chief Norman Balquiedra failed to allege and prove that he was present during the commission of the supposed crimes being attributed to him and the other respondents.
“His allegations being mere imaginations or worse hallucinations are wholly insufficient to sustain the view of herein respondent’s culpability, even remotely or indirectly, as his imagination cannot be considered as proceeding from his personal knowledge,” Faeldon said.
He said the PDEA failed to provide documentary and testimonial evidence to support the complaint.
Faeldon and 11 other former BOC officials were charged with conspiracy to import illegal drugs and protecting or coddling drug traffickers.
He and the other respondents were accused of negligence and tolerance under Article 208 of the Revised Penal Code.
The PDEA also filed corruption charges against the respondents, which included former Customs Investigation and Intelligence Service chief Neil Anthony Estrella, former director Milo Maestrecampo, intelligence officers Joel Pinawin and Oliver Valiente, Manila International Container Port district collector Vincent Phillip Maronilla, Faeldon’s fiancé and lawyer Jeline Maree Magsuci and BOC employees Alexandra Ventura, Randolph Cabansag, Dennis Maniego, Dennis Cabildo and John Edillor.
The PDEA alleged the illegal drug shipment would not have been possible if not for the incompetence and corruption of the BOC officials.
In the same complaint, the PDEA filed illegal drug importation charges against importers and facilitators of the shabu shipment – Chen Ju Long, Chen Rong Juan, Manny Li, Kenneth Dong, Mark Taguba II, Teejay Marcellana, Eirene May Tatad, Emily Dee, Chen I-Min and Jhu Ming Jyun.
It also included in the charge sheet Genelita Arayan, Dennis Nocom, Zhang Hong, Rene Palle, Richard Rebistual and Mary Rose dela Cruz, directors and officers of Hong Fei Logistics Inc., the warehouse where the shabu shipment was seized.