DOJ: Faeldon was cleared due to weak complaint

MANILA, Philippines — Ex-Customs chief Nicanor Faeldon was cleared of drug raps due to a weak complaint filed by the Philippine Drug Enforcement Agency, the Department of Justice clarified on Friday.

Justice Secretary Vitaliano Aguirre II said that the senators are barking up the wrong tree for issuing their statements slamming the DOJ for clearing the former customs chief over his alleged involvement in the P6.4 billion shabu shipment that slipped the BOC.

"It is the complainant that has the duty to submit evidence to prove probable cause against the respondents, that may be determined by the prosecutors," Aguirre said in Filipino.

He stressed: "That is not the duty of the panel. It is the obligation of the parties."

Several senators decried Faeldon's "clearance" from the case, as they lamented that the ordinary people get killed while allies are absolved. 

On Wednesday, the DOJ released a copy of the charge sheet where several traders and Customs broker Mark Taguba were indicted on drug trading raps. Faeldon's name, however, was missing from the charge sheet.

The lawmakers also noted that during the Senate probe, it was established how Faeldon may be held liable in the case.

Assistant State Prosecutor Aristotle Reyes, who was also called by Aguirre to address the media, said: "Precisely why the complaint failed because of the lack of clarity on the part of the complaint filed by the PDEA, and the failure of the PDEA to allege with specificity the acts or omissions committed by the respondents that constitute violation of charges.

Reyes added: "They [PDEA] did not allege which acts, where did they participate, what duties did the BOC personnel neglect, where was their involvement in the importation."

Senate probe different from preliminary investigation

Aguirre also stressed that Senate inquiry is different with the preliminary investigation done by state prosecutors, as the prior was done in aid of legislation.

The senate Blue Ribbon Committee conducted a total of nine hearings on the issue. In its statement after wrapping up the probe, the committee recommended an overhaul of the agency as it found BOC officials, including Faeldon, liable for irregularities.

But prosecutors pointed out that they cannot just base their resolution on the Senate hearing, as they are conducting a separate and different probe on the case.

Assistant State Prosecutor Joan Garcia pointed out that the PDEA complaint was only 23 pages, and for its reply, the agency only filed 3 pages. "It only alleged general principles on probable cause. There was no lengthy discussion on the participation of the respondents."

Prosecutors: We cannot lawyer for anyone

The two state prosecutors also stressed that they remain impartial and unbiased.

"We cannot rule on something without having any basis," Garcia said, adding: "We will be put into compromise and we do not want to prejudge or lawyer for anyone."

She stressed: "We are the NPS. We have no vested interest on whatever outcome of this case, other than basing our resolution on the evidence and the facts presented before our body."

Aguirre has hands off the case

"How many times do I have to say that I do not meddle with the National Prosecution Services," Aguirre lamented.

After a prosecutor or a panel terminates the preliminary investigation on the case, they will draft a resolution that will also be filed to, and signed, by the Prosecutor General.

While the NPS is an office under the Department of Justice, the Office of the Justice Secretary will only receive the resolution should a petition for review is filed.

Following an earlier issued DOJ order, the dismissal of the complaints against Faeldon and several others "shall be subject to automatic review by the Secretary of Justice."

The case stemmed from the raid led by the operatives of the BOC, PDEA and the National Bureau of Investigation at a warehouse in Valenzuela City. Seized in the operation are 604 kilograms of methamphetamine hydrochloride or shabu.

The shipment was declared as kitchenware, footwear and moldings, as it slipped through the BOC.