Faeldon won’t seek release from Senate detention

MANILA, Philippines — Even though cleared of charges, former Bureau of Customs (BOC) chief Nicanor Faeldon has no intention of pulling out from the custody of the Senate, his lawyer said yesterday.

Jose Diño said no request has been made to either the Senate or the Blue Ribbon committee to release his client, who has been detained since Sept. 12.

“We have not asked the Senate, specifically the Senate Blue Ribbon committee, nor will we ever request it to release Captain Faeldon despite the vindication that we received based on news reports that the DOJ (Department of Justice) has absolved us from any liabilities,” Diño said.

According to Diño, Faeldon decided to remain incarcerated in the Senate as a statement against legislative investigations “in aid of persecution.”

Faeldon was detained for refusing to take part in the Blue Ribbon committee’s hearings on the P6.4-billion shabu shipment from China.

The DOJ has dropped the drug trading charges against Faeldon over the P6.4-billion shabu shipment that slipped past the BOC.

The DOJ said the charges against Faeldon and several other BOC officials were dropped due to the failure of the Philippine Drug Enforcement Agency to clarify the offense committed by the respondents to constitute the offense charged.

Diño said there was no evidence to support the allegations that his client was involved in any wrongdoing, including the P6.4-billion shabu shipment from China or the alleged P100-million pasalubong (welcome gift) that Sen. Panfilo Lacson claimed Faeldon received upon his assumption at the helm of the BOC.

He said some senators have already prejudged Faeldon as guilty so he has no intention of participating in the hearings.

Diño said Faeldon has no intention of being subjected to lies and vilification and does not mind remaining in detention at the Senate even on Christmas Day.

In the draft committee report prepared by Blue Ribbon committee chairman Sen. Richard Gordon, Faeldon was found liable for gross negligence as head of the BOC.

“He imposed a military structure which was good, but the concomitant diligence and competence was sorely lacking. We, therefore, hold him responsible as specified above,” the report stated.

“He recommended the hiring of (Gerardo) Gambala as deputy commissioner for management information system and technology. He too was grossly negligent and therefore his appointment and competence is Faeldon’s direct responsibility,” it added.

A total of 12 senators have signed the draft committee report, which has not yet been reported out in plenary.

Senate Minority Leader Franklin Drilon abstained from signing since he has yet to read the report.

Former BOC-Manila International Container Port chief Vincent Philip Maronilla, who was among those cleared by the DOJ, said the lack of solid evidence against him was the reason why the charges were dismissed.