FORMER Bureau of Customs (BOC) Commissioner Nicanor E. Faeldon on Thursday sought the dismissal of the criminal charges filed against him and several others, before the Department of Justice (DOJ), for allegedly conspiring to smuggle into the country a shabu shipment worth P6.4 billion in May.
During preliminary investigation on the complaint filed by the Philippine Drug Enforcement Agency (PDEA) on Thursday, Faeldon submitted a 27-page counteraffidavit denying the allegations hurled against him.
Faeldon branded the complaint, filed by Norman Balquiedra, chief of the PDEA’s Seaport Interdiction Unit, as “ludicrious, laughable and baseless.”
He also questioned the authority of Balquiedra to represent the PDEA in the complaint, considering his failure to attach a written authorization from the agency’s director general to lodge the complaint.
“The lack of written authorization is not curable by mere amendment of the complaint, but shall be a cause for the dismissal of the complaint without prejudice,” Faeldon said.
“Accordingly, since this Balquiedra was not authorized by the PDEA to file this complaint, then it is considered as not filed and ineffectual, and as a necessary consequence, is dismissable due to lack of jurisdiction,” he added.
Faeldon explained that Balquiedra even failed to allege in his complaint 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…,” the former BOC chief said.
Faeldon also noted that Balquiedra also failed to provide documentary and testimonial evidence to support the complaint.
“From the foregoing, it is clear that the facts and circumstances could never engender a belief in a reasonable mind that I am in any way responsible for the alleged offenses. With this, it is a matter of necessity that this criminal complaint be dismissed for total absence of probable cause.”
The PDEA is seeking the indictment of Faeldon and his co-respondents for alleged conspiracy to import illegal drugs and protecting or coddling of drug traffickers under Republic Act (RA) 9165; obstruction of justice under Presidential Decree 1829 by “harboring or concealing, or facilitating the escape” of the persons behind the shabu shipment; negligence and tolerance under Article 208 of the Revised Penal Code; and violation of Section 3 of RA 3019 (Anti-Graft and Corrupt Practices Act) for allegedly “causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”
Faeldon filed his counteraffidavit following the decision of the three-man panel of prosecutors to deny his motion to dismiss the complaint on the ground of lack of jurisdiction.
The panel, headed by Assistant State Prosecutor Aristotle Reyes, noted that it has been the position of the justice department that it has jurisdiction to conduct preliminary investigation for offenses covered by RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, even if the offender is a public officer with salary grade 27.
The rationale behind this, according to the panel, are the provisions in RA 9165 that confer exclusive jurisdiction to the regional trial court over drug cases regardless of the position of the offender public officer.
“Again, 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,” the resolution stated.
In assailing the DOJ’s jurisdiction over the drug case, Faeldon insisted that it is the Ombudsman and not the DOJ which has jurisdiction to conduct a preliminary investigation into the drug case filed against him and several others.
Faeldon cited as basis the Sandiganbayan law, which holds that for an official to be under the DOJ’s jurisdiction, the following requisites must exists: 1. the public officer or employee occupies the position corresponding to salary grade 27; and 2. the crime is committed by the public officer or employee in relation to his office.
Faeldon noted that he has a salary grade of 30.
But, the panel noted that the DOJ denied on February 14 a similar motion filed by Sen. Leila M. de Lima in connection with the prison drug-trade case filed against her.
The panel noted that the SC had denied de Lima’s petition seeking the reversal of the said DOJ resolution.
Aside from Faeldon, also named as respondents in the PDEA complaint were Customs Investigation and Intelligence Service chief Neil Anthony Estrella Estrella; former BOC director Milo Maestrecampo; intelligence officers Joel Pinawin and Oliver Valiente; Manila International Container Port district collector lawyer Vincent Phillip Maronilla; Faeldon’s financé, lawyer Jeline Maree Magsuci; and BOC employees Alexandra Ventura, Randolph Cabansag, Dennis Maniego, Dennis Cabildo and John Edillo, who were likewise summoned to appear during the proceedings to answer the allegations against them.