Senators disappointed over Faeldon’s acquittal in shabu smuggling

MANILA, Philippines — Senators aired their disappointment after the prosecutors of the Department of Justice (DOJ) cleared former Bureau of Customs (BOC) chief Nicanor Faeldon and several of his subordinates of drug trafficking charges in relation to the P6.4-billion shabu smuggling incident earlier this year.

Sen. Panfilo Lacson, the chairman of the Senate committee on public order and dangerous drugs, said it was clear to him and the other legislators who attended the congressional hearings on the shabu shipment that there was no way the illegal drugs could have been released without the knowledge of the officials of the BOC.

“Many among us who participated and witnessed the Senate and the lower house hearings on the smuggled P6.4-billion shabu shipment that passed through our country’s Customs house under the noses of those tasked to check on smuggling are shocked and angered by the dismissal of the case against all the BOC personnel,” Lacson said.

Apart from the shabu smuggling case, Lacson has also gone after the officials and employees of the BOC for their alleged corrupt activities, which he said were rampant within the agency.

In a privilege speech last August, Lacson claimed that Faeldon was given a P100-million welcome gift when he was named BOC commissioner by President Duterte.

“It is unimaginable if not impossible that the drug shipment would reach its destination in Valenzuela City without the participation and complicity of the BOC personnel involved,” Lacson said. 

“Simple logic will tell us that at the very least those under whose watch the drug shipment passed through should be held criminally liable as well. RA 9165 is quite clear in this regard,” he said.

Lacson said that he is pinning his hopes on Justice Secretary Vitaliano Aguirre II to “put some sense into a reasonable disposition of this case” when the findings of the panel is elevated to his office for an automatic review.

Senate President Aquilino Pimentel III said it would be illogical for a smuggling incident of this size to succeed without the involvement of any of the people of the BOC.

“How could such a big shipment, 600-plus kilos of shabu, and in an organized way, get past the Customs without the involvement of Customs,” Pimentel said.

“So there must be somebody there from the inside who facilitated the release of the shipment,” he added.

Pimentel said he intends to raise the matter with Aguirre, who is a member of the PDP-Laban, of which he is president.

“I think I have many questions for him. I will talk to Secretary Aguirre for an explanation because he’s a partymate. Number one, why wasn’t Faeldon and many of his subordinates included (in the case)?” Pimentel said.

“And even with the Bangladesh money fraud, I think even Philrem was not charged. I need to know why. So the questions I have for Secretary Aguirre are building up,” he added.

Sen. Paolo Benigno Aquino IV said he was shocked by the findings of the DOJ panel when it was clear to him and everyone who followed the Senate hearings that the BOC was involved in the smuggling case.

“It takes two to tango. Whether they were directly involved in smuggling it or because of corruption, whatever the case, they are liable for the entry of drugs into the country,” Aquino said.

Sen. Francis Pangilinan said the panel’s findings on the shabu smuggling incident only reinforces his observation that the administration is persecuting its critics while coddling its allies.

“Gaguhan na talaga! Kapag kakampi pinapalusot. Kapag katunggali iniipit. Ang lakas naman ng mga ito (We’re being fooled. They clear their allies while they charge their enemies),” Pangilinan said.

“And I thought they are against illegal drugs? If it involves the common people with a small amount of shabu, they kill them. But when it comes to tons of shabu, they clear them. The drug war of the administration is a sham,” he added.

Sen. Richard Gordon, the chairman of the Senate Blue Ribbon committee that led the inquiry into the shabu smuggling incident, said he disagrees partly with the findings of the DOJ panel.

“Faeldon and (deputy BOC commissioner Gerardo) Gambala may have been absolved in the importation of dangerous drugs but they are guilty of misfeasance and nonfeasance in allowing the entry of drugs through the green lane,” Gordon said.

“They may be held liable for violating RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act and RA 10863, otherwise known as the Customs Modernization and Tariff Act. They centralized the operation by creating the Command Center (ComCen), thereby causing undue injury to the government,” he added.

Gordon said said that former BOC director Milo Maestrocampo should be investigated further.

“Maestrecampo, on the other hand, is guilty of malfeasance, misfeasance and nonfeasance. Based on the hearings conducted by the Senate, the evidence shows that Maestrecampo provided aid in allowing the shipment of drugs entry in the country’s front doors smoothly through the green lane,” Gordon said.    

“There is also evidence showing Maestrecampo’s involvement with Mark Taguba. What about Neil Estrella? He was the one who botched the seizure operations – facts pointed to the failure to have been done deliberately,” he added.

Taguba, who was described as a fixer at the BOC, was found liable by the panel while Estrella, who is the agency’s Investigation and Intelligence Service chief, was cleared.