Faeldon to appear at Senate, but...

MANILA, Philippines — Former Bureau of Customs (BOC) commissioner Nicanor Faeldon declared yesterday that he would rather go to jail than attend another Senate or House of Representatives hearing on the smuggling of a shipment that contained P6.4 billion worth of shabu. 

Wearing a white t-shirt with the words “Truth is Justice” printed on it, a defiant Faeldon met with the team from the Office of the Senate Sergeant-at-Arms (OSSA) who went to his house in Palmera 6 Subdivision, Taytay, Rizal yesterday morning.

The OSSA’s presence caused confusion because it was first thought that they were there to serve the warrant of arrest signed by Senate President Aquilino Pimentel III against former Marine captain Faeldon for snubbing the summons to attend the hearing on the illegal drugs shipment.  

He failed to attend the last two hearings at the Senate. 

But when they met at the house of Faeldon’s relative, he was merely informed that if he needed to communicate with Sen. Richard Gordon, who chairs the Senate Blue Ribbon committee, the line remained open.

Faeldon’s lawyer Jose Diño Jr. described as fake news the supposed arrest of Faeldon.

The former Customs commissioner said that he plans to go to the Senate on Monday and would willingly go to jail or be detained at the Senate building, but they would have to drag him if they want him to appear at the session hall. 

If they succeed in bringing him to the session hall, he would not cooperate and would not testify in the hearing. 

“By Monday I will go to the Senate and let myself be arrested, but I will not go there to attend the hearing. They could carry me, make me sit down, but still my position is I will not participate. Going to jail is better than attending those inquiries,” Faeldon said.

This is meant to express his defiance to the line of questioning of some legislators, who he believes tend to violate the rights of their resource persons.

He said innocent persons have been maligned, destroyed by privilege speeches and these have been traumatic to the families of the resource persons.

He could look in his Creator’s eyes and say that he was not involved in any corrupt activity when he served as commissioner of the BOC for 13 months, he added. 

Sen. Panfilo Lacson, in his recent privilege speech, said that Faeldon received a P100-million “welcome gift” when he became Customs commissioner. 

Faeldon is also challenging the constitutionality of legislators maintaining immunity when they make privilege speeches.

He is hoping that the Supreme Court (SC) or any competent court would issue a ruling on the extent of the immunity of lawmakers. 

Gordon assured Faeldon that he will be allowed to defend himself at the resumption of inquiry of the Senate Blue Ribbon committee into corruption and smuggling at the BOC on Monday.

He relayed the assurance to several of Faeldon’s former staff at the BOC to preclude any possible commotion at the hearing after the ex-customs chief promised to surrender to the Senate but remained adamant on not attending the inquiry.

Faeldon’s avowal not to attend the hearing despite his likely detention in Senate premises raised the prospect of him being bodily brought before the committee.

“This is his chance to defend himself if he feels hurt,” Gordon said in a telephone interview. “He can say anything to defend himself as long as he has proof and he remains respectful.”

The senator said it would be better if Faeldon brings with him a lawyer and a sworn statement of his allegations against certain lawmakers whom he accused of engaging in smuggling activities.

Gordon warned Faeldon that he could end up in jail if he insists on defying Senate orders.

The senator said that Faeldon will not be arrested if he makes good on his word that he will present himself to the Senate on Monday.

However, he said that Faeldon will have to “sit himself before the table and if he refuses to answer then we will go to the next step.” 

“Which is to put him under formal arrest and that could be anywhere from staying in the Senate, Pasay (city jail) or Muntinlupa (New Bilibid Prison),” Gordon said.

Gordon said that refusing to attend the hearings of the Senate will be considered defiance and will result in his incarceration.

He pointed out that this power of the Senate to incarcerate people who are uncooperative has been upheld by the Supreme Court in numerous cases.

Gordon assured Faeldon that he will be treated fairly during the hearing and that he will be given the opportunity to say his piece.

While acknowledging that the allegations raised against Faeldon are serious, Gordon said that he has not seen any evidence pointing to the former BOC chief’s direct participation in the smuggling of the P6.4-billion shabu shipment from China, which was released by the BOC.

In the preliminary report on the issue, which is being finalized by the Blue Ribbon committee, Gordon noted that nothing has been found against Faeldon except for negligence as head of the BOC.

“He (Faeldon) should answer because there are serious allegations against him. I can assure him he will be allowed to speak, defend himself and explain himself,” he added.

Apart from the issue of the shabu shipment, Faeldon was also implicated in alleged corrupt activities at the BOC as revealed by Lacson.

Lacson also alleged that Faeldon and almost every other official and employee of the BOC were on the take, the proceeds of which came from the so-called tara or bribe.

The tara is paid to facilitate the release of shipping containers. – With Marvin Sy, Paolo Romero