MANILA -- The Department of Justice (DOJ is set to submit for resolution the criminal complaints filed by Philippine Drug Enforcement Agency (PDEA) against former Customs chief Nicanor Faeldon and 37 others in connection with the PHP6.4-billion shabu shipment seized in two warehouses in Valenzuela City last May 26.
During the continuation of preliminary investigation on Wednesday, the DOJ panel headed by Assistant State Prosecutor Aristotle Reyes terminated the proceedings and submitted for resolution the charges of conspiring to import illegal drugs and coddling drug traffickers under Republic Act (RA) No. 9165 or the Comprehensive Dangerous Drugs Act of 2002; obstruction of justice under Presidential Decree No. 1829 by “harboring or concealing, or facilitating the escape” of the persons behind the shabu shipment; as well as negligence under Article 208 of the Revised Penal Code filed by the PDEA.
Faeldon and his fiancée, lawyer Jelina Maree Magsuci; Customs-Intelligence and Investigation Service (CIIS) Director Neil Estrella; Kenneth Dong and Richard Tan of Hongfei Logistics; and Manny Li were among the respondents who filed rejoinder and memorandum documents to the investigating panel.
Faeldon and Magsuci, filed a joint memorandum urging the panel anew to dismiss the complaints filed against them for lack of probable cause.
The couple has warned the investigating panel to be “extremely cautious” of PDEA Seaport Interdiction Unit chief Norman Balquiedra's statement, whom Faeldon earlier accused of being a “hit-and-run complainant.”
“Complainant Balquiedra's admission in his reply-affidavit that all of the allegations in his complaint-affidavit are hearsay, is the final nail in the coffin of the above-captioned complaint,” read the joint affidavit of the two.
For his part, Estrella insisted their (CIIS) innocence, citing the certificate of coordination issued by PDEA and the inconsistency of the affidavits presented by the complainants in the panel.
“Our names never surfaced in any of the complainant’s affidavit of replies (submitted to the panel)” Estrella said.
He added the faulty complaint may lead to the exoneration, not only of the CIIS members, but of those actually responsible for the drugs shipment, including Customs broker Mark Taguba and the shipment’s consignees.
Estrella said the PDEA failed to show that the CIIS personnel charged had been involved in the drugs shipment passing through the BOC, the primary rationale of PDEA to establish that the BOC officials charged were involved in a criminal conspiracy as claimed by PDEA Agent Norman Balquiedra in his reply to the BOC officials’ counter-affidavits last Nov. 3.
“While the complainant and his principals style themselves as immaculate anti-drug crusaders elsewhere, their lack of seriousness to craft a complaint worthy of this Honorable Panel’s time and attention betrays their true colors and ulterior motives,” Estrella said in his five-page rejoinder to the complainant’s reply.
Estrella noted that the CIIS does not have a hand in the approval or processing of shipments through the BOC, much more, in designating that a shipment passes through the green lane where there is no inspection.
“Our mandate is to investigate and seize contraband outside the customs territory. So why are we, who with the NBI and PDEA are responsible for successfully conducting one of the largest drug busts in history, now included in this criminal case,” he added.
Estrella said Balquiedra’s reply failed to rebut the facts presented in the CIIS officials’ counter affidavits disproving the numerous falsehoods in the PDEA’s complaint.
This includes PDEA’s charge that the CIIS usurped the former’s authority over drug investigations.
Estrella stressed that such claim was belied by the certificate of coordination issued by PDEA last May 26, or the day of the seizure, to the BOC affirming that the drug bust had been conducted under the PDEA’s ambit.
“All told, the complaint against me should, as it must, be dismissed not only for lack of probable cause but also for utter lack of merit,” the rejoinder added.
Estrella said he was confident that he and the other Bureau of Customs (BOC) officials would be vindicated by the panel.
“Wala kaming kasalanan. Mismo complaint nila di nila masabi ng maaayos kung ano sabi nila sa kanilang complaint. We feel at this point pa lang, we feel vindicated,” Estrella said.
Faeldon, Magsuci, and Estrella - along with former Customs officials Milo Maestrecampo, Joel Pinawin, Oliver Valiente, Vincent Philip Maronilla, Alexandra Ventura, Randolph Cabansang, Dennis Maniego, Dennis Cabildo, and John Edillor –are facing charges of conspiracy to import illegal drugs and drug traffickers.
Customs importers, brokers, and warehouse owners—including Taguba, Chen, Dong, Chen Rong Huan, Genelita Arayan, Dennis Nocom, Zhang Hong, Rene Palle, Richard Rebistual, Mary Rose dela Cruz, Li Guang Feng (alias Manny Li), Teejay Apostol Marcellana, Eirene Mae Tatad, Emily Anoche Dee, Chen I-Min, Jhu Ming Jyun, John Doe, Jane Doe, and Richard Doe—are facing charges of importing and selling illegal drugs.
The drug shipment arrived at the BOC last May 17 and was released from the port on May 23.
Both Chen and Li denied having any knowledge that there were drugs in the shipment, initially declared as kitchenware, footwear and moldings.
During the House hearing on the entry of P6.4 billion shabu shipment in the country, Taguba implicated a trusted aide of BOC chief Nicanor Faeldon, along with several others, in the alleged PHP270 million in bribes to BOC personnel in exchange for prompt release of shipments.
Among those accused by Taguba were Customs Import Assessment Services (IAS) Director Milo Maestrecampo, Faeldon’s former colleague in the military; Teddy Raval of the Intelligence Group; intelligence officer Teodoro Sagaral; district collector Vincent Maronilla; director Niel Estrella of the Customs Intelligence and Investigation Service; a certain “Major Gutierrez” who turned out to be already deceased; a certain Jayson and Maita, the latter from the formal entry division.
Estrella and Maestrecampo have already resigned from their respective posts.
The case was also investigated by the Senate. (with Paolo Cruz-OJT/PNA)
