Faeldon fails contrition test, going to Pasay jail

MANILA, Philippines — The Senate remanded former Customs chief Nicanor Faeldon to the Pasay City Jail after he flunked yesterday the “contrition test” of the Senate Blue Ribbon committee, which was investigating the reported corruption and smuggling activities at the Bureau of Customs (BOC).

Senators unanimously agreed during a closed-door caucus to keep Faeldon cited in contempt and transfer him to the Pasay City Jail after he exhibited rude behavior during the committee hearing, which was supposed to be his opportunity to make amends and obtain his release from Senate detention.

As of last night, the Office of the Senate Sergeant-at-Arms was coordinating with the Pasay City Jail for Faeldon’s transfer, which was expected to happen last night.

Faeldon’s blood pressure reportedly shot up and was being stabilized before his transfer, officials said.

It was not clear how the Senate’s move will affect Faeldon’s appointment as undersecretary at the Office of Civil Defense (OCD) by President Duterte.

Sen. Richard Gordon, chairman of the committee, said he was prepared to move for Faeldon’s release from detention in the Senate at the start of the hearing but he became increasingly disappointed by the former’s behavior at the hearing.

“You have a persecution complex… Well, you can have a long vacation here,” Gordon told Faeldon, who railed during the hearing about his not being allowed to speak and the hearing not being interested in finding out the truth.

“I don’t tolerate spoiled brats,” the senator added, noting that Faeldon thought he was above everyone else after getting away with his past crimes, like taking part in a coup attempt during the Arroyo administration.

Faeldon has been detained at the Senate since September after being cited in contempt for refusing to testify on the alleged corruption and smuggling activities at the BOC.

During the hearing, Faeldon accused Gordon of not pursuing truth and “monologuing.”

At one point during their heated exchange, Gordon told Faeldon: “Do not cry,” to which the latter replied, “No, I’m not crying.”

“Yes, you’re crying,” Gordon said.

The senator also questioned the move of the Department of Justice to dismiss the charges against Faeldon and other BOC officials in connection with the smuggling of P6.4 billion worth of methamphetamine hydrochloride or shabu from China last May.

He said the dismissal might be part of efforts to have Faeldon released by the Senate.

Gordon told Faeldon, “I don’t give a two hoots” if Duterte was supporting him.

He later told reporters that he wished Duterte would find a replacement for Faeldon at the OCD.

“He showed no contrition at all… He lives in his own world. I think he should see a psychiatrist. I really mean it,” Gordon told reporters.

Faeldon runs to SC

As this developed, Faeldon yesterday sought relief from the Supreme Court (SC) for his immediate release from detention in the Senate after refusing to cooperate in the legislative inquiry on the P6.4-billion shabu shipment.

In a 30-page petition, Faeldon asked the high court to issue a temporary restraining order (TRO) stopping the implementation of the arrest order issued by the Senate against him that led to his detention.

The controversial official, who has been reappointed in the Duterte administration recently as deputy administrator for operations of the Department of National Defense (DND)-OCD, also asked the SC to void the assailed order after hearing.

In asking for a TRO, Faeldon said he has been deprived of his liberty for 134 days since he was cited by the Senate for legislative contempt “which in any jurisdiction is neither a heinous offense nor a non-bailable offense.”

He argued that he has been unable to perform his duties in his new post due to his detention.

“Foremost among his duties in his new position is to develop and immediately implement an exigent and comprehensive disaster response mechanism as well as to inspect and personally ensure that each municipality, city and province in the entire country is prepared for any disaster, whether natural or man-made,” the petition filed through lawyer Jose Diño read.

Faeldon also cited the repercussion of his detention to his family.

“The petitioner is a family man with a growing family of very young children, his youngest having been born only last Jan. 12, 2018. As the padre de familia, he needs to earn a living to support his family,” he pointed out.

Faeldon likewise assailed the legality of the Senate order, saying it violated his constitutional right to due process.

He alleged that the Senate did not give him an opportunity to air his side by issuing a show cause order to explain why he should not have been cited in contempt for not appearing at the hearings.

“Had the respondents first issued a show cause order, the petitioner would have thoroughly explained to them the reasons why it was and is his firm belief that he had a right to his personal dignity, to be informed of the nature and cause of the accusation against him and that he is presumed innocent unless and until the contrary is proved,” he explained.

Faeldon alleged that the order was a “misuse and abuse” of power by Gordon.

Faeldon added the assailed arrest order lacks factual and legal basis.

“Since the Rules of Procedure of the respondent SBRC speak only of a power to order the detention of a contumacious witness, it cannot be expanded to include the power to issue an order of arrest. Otherwise, the constitutional intent to limit the exercise of legislative investigations to the procedure established and published by the Senate or its committees will be for naught,” he said.

Lastly, he said the arrest order has already expired.

“The petitioner’s imprisonment was imposed during the Senate’s session for the period of July 24, 2017 to Oct. 13, 2017, then it terminated with the adjournment of the session of the body in which the contempt occurred, or last Oct. 14, 2017. As the Respondent SBRC’s assailed arrest and detention order dated Sept. 7, 2017 has become functus officio (Latin term for having performed his or her office), then the same is of no force and effect whatsoever,” the petition added.

Faeldon has been detained at the Senate since Sept. 11. He was granted furlough recently to allow him to witness the birth of his child, undergo a medical checkup and take his oath as OCD official. – With Edu Punay