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Senate cites Faeldon in contempt

Paolo Romero - The Philippine Star

MANILA, Philippines — The Senate Blue Ribbon committee cited former Bureau of Customs commissioner Nicanor Faeldon in contempt and gave him an ultimatum to appear before the panel’s next hearing on Monday on smuggling activities in the BOC.

The committee made the decision yesterday after Faeldon refused for the second consecutive time to heed the subpoena of the panel to testify on issues raised by Senators. Panfilo Lacson and Antonio Trillanes IV.

Sen. Richard Gordon, chairman of the committee, warned that Faeldon would be arrested by the Senate sergeant-at-arms and brought to chamber if he fails to appear.

“We will not entertain any defiance of the government here in this chamber,” Gordon said before suspending the hearing on the smuggling of P6.4 billion worth of methamphetamine hydrochloride from China that passed through the BOC last May.

Faeldon had actually skipped the Blue Ribbon hearings thrice but he was only invited the first time he was absent and attended the other sessions. The last two absences were from the more compelling subpoenas issued by the committee.

In his three-page letter to the committee to explain his absence, Faeldon said he was not appearing in the inquiry anymore and preferred that he attends hearings before a competent court if cases are filed against him.

“I have the highest respect for the Senate as an institution that is why I attended two hearings even with just an invitation, hoping that my side will be heard,” Faeldon said.

“However, after the hearings, I was not given a chance to fully explain my side,” he pointed out.

He said it was frustrating to be asked questions requiring only “yes” or “no” answers.

Faeldon also lamented that Lacson and Trillanes had unfairly accused him of receiving P75 million in bribes.

“Your honor, where is the presumption of innocence guaranteed by the Bill of Rights in the Constitution? I am not even an accused. I am only a resource person and yet the senator (Lacson) has already labeled me as corrupt under the cloak of legislative immunity,” he said.

The former BOC chief earlier accused Lacson and his son Panfilo Jr. of smuggling cement.

He said he continues to have respect for the Senate but no longer has faith in the impartiality of some senators.

“The process has been very traumatic because of the baseless condemnation that resource persons go through,” Faeldon said.

He challenged concerned senators and members of the House of Representatives accusing him of corruption to instead file cases against him.

Attached to Faeldon’s letter was a waiver allowing the Senate, the House and other government agencies to look into his bank accounts.

He said all his brothers, sisters, nephews and nieces were also willing to sign waivers to open their bank accounts.

“Just say the word,” Faeldon said.

Charges readied

On Wednesday in Bacolod City, Rep. Robert Ace Barbers said the House committee on dangerous drugs which he heads would recommend the filing of criminal and administrative charges against Faeldon and other BOC officials for alleged mishandling of the P6.4-billion shabu contraband that passed through Customs’ express lane.

“Now we know why we keep on losing drug cases. The case buildup against perpetrators is faulty and weak,” Barbers said in Filipino.

He said the raid that resulted in the seizure of shabu was done without a search warrant and that BOC officials led by Faeldon made a “controlled delivery” to a warehouse without coordinating with the Philippine Drug Enforcement Agency, and without mission order.

Despite “strong evidence” against those behind the smuggling of P6.4 billion worth of shabu, “the way evidence were obtained is definitely going to make the position of the government very weak,” Barbers pointed out. – Gilbert Bayoran

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