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BY ADRIAN STEWART CO
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Friday, October 20, 2017
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MANILA – The Department of Justice dismissed on Thursday former Bureau of Customs commissioner Nicanor Faeldon’s petition to junk the charges filed against him in connection with the P6.4-billion smuggled shabu.
Faeldon questioned the jurisdiction of the Justice department on the complaints filed by the Philippine Drug Enforcement Agency (PDEA). He claimed they should be filed at the Office of the Ombudsman.
The Justice department noted that it has the power to conduct preliminary investigation into drug offenses involving a public officer with a salary grade of at least 27, like the Customs commissioner.
“Likewise, certain provisions of RA No. 9165 (Comprehensive Dangerous Drugs Act of 2002) indicate that the regional trial court has jurisdiction regardless of position of the offender public officer,” read part of the Justice department decision.
Section 27 of the law, which mentions “public officer or employee,” does not make distinction of the salary grade while Section 28 imposes maximum penalty to government officials and employees found guilty, the decision stated.
In issuing the decision, the Justice department used its resolution on the case of Sen. Leila de Lima, issued on Feb. 12, 2017 – which the Supreme Court also used in deciding to dismiss de Lima’s appeal for release from jail.
“This panel finds no cogent reason to deviate from earlier position of the Department that it has jurisdiction to conduct preliminary investigation over drug cases involving public officers and employees even who have a salary grade of 27 and higher,” it said.
In a 23-page complaint filed before the Justice department on Sept. 19, the PDEA sought the indictment of Faeldon and 11 other Customs officials for allegedly conspiring to import illegal drugs and protecting drug traffickers.
The controversy stemmed from the shabu shipment that arrived at the Manila port on May 17 and the Customs bureau released on May 23 to Hongfei Logistics, Inc.’s warehouse in Valenzuela City./PN
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