Faeldon, other BOC, NBI officials cleared in R6.4-B shabu shipment

Former Bureau of Customs (BOC) Commissioner Nicanor Faeldon as well as other former and current government officials have been

cleared of involvement in the R6.4billion shabu shipment last May.

But nine others were charged by the Department of Justice (DOJ) before the Valenzuela City Regional Trial Court (RTC) for their involvement in the smuggling of the illegal drugs, Justice Secretary Vitaliano Aguirre said.

Charged with importation of dangerous drugs under Section 4, in relation to Section 26 (a) of Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002) were: Chen Ju Long, alias Richard Tan or Richard Chen; Li Guang Feng, alias Manny Li; Dong Yi Shen, alias Kenneth Dong; Mark Ruben Taguba II; Eirene Mae Tatad; Teejay Marcellana; Chen Min; Jhu Ming Jhun; and Chen Rong Huan. No bail was recommended.

“In finding probable cause against the above-named respondents for the importation of 602 kilograms of shabu, the panel determined that the combination of the individual participation of each of the respondents, either as shipper, consolidator, facilitator, broker, financier, consignee, or warehouse lessee – reveals a pattern of overt acts indicative of conspiracy to import into the country the dangerous drugs,” Aguirre said.

“We want to send a message that any involvement in drugs will be severely dealt with,” Aguirre said in a statement.

“You deal in drugs and you will suffer the full consequences,” Aguirre stressed.

Apart from Faeldon, also cleared were Director Milo Maestrecampo, Director Neil Estrella, Intelligence Officer Joel Pinawin, Intelligence Officer Oliver Valiente, Faeldon’s fiancee lawyer Jeleena Magsuci, lawyer Philip Maronilla, Alexandra Ventura, Randolph Cabansag, Dennis Maniego, Dennis Cabildo, and John Edillor.

Aguirre said the panel dismissed the complaints against Faeldon and other former and current officials of the BOC “for failure of the PDEA to state with clarity the acts or omission supposedly committed by the above-named BOC respondents that would constitute violation of the offense charged.”

The DOJ panel of prosecutors also dismissed the complaint against Dennis Siyhian, Marie Catherine Nolasco, Marfil Baso, Joselito Guilen, Darwin Francisco, and Edgardo Kawada, all members of the National Bureau Investigation’s Anti-Organized and Transnational Crime Division (NBI-AOTCD).

“The panel finds that, under the circumstances attendant to the case, and pursuant to relevant DDB (Dangerous Drugs Board) regulations and jurisprudence, the NBI-AOTCT is justified to retain custody of the 500 kilograms of shabu which they seized, examined, and investigated,” said the DOJ chief.

The panel also dismissed the complaints against the corporate officers of Hong Fei Logistics and Emily Enoche Dee.

Aguirre explained that complaint of the Philippine Drug Enforcement Agency (PDEA) against Hong Fei failed “to show that these corporate officers knowingly consented to or actively participated in the importation of the subject shipment.”

The panel likewise found that Emily Enoche Dee, who is accused for maintaining a drug den, lacked the knowledge that “her property being rented will be used as a transshipment point of the subject drugs.”

“Further, the (pieces) evidence adduced by the PDEA in support of the charges were insufficient to establish probable case. Thus, the panel is constrained to take into consideration the defense raised by the respondents,” he explained.

On the other hand, the panel dismissed the case against warehouseman Fidel Anoche Dee “in view of the existence of an earlier case filed against him by the PDEA before the Regional Trial Court of Valenzuela City.”

Aguirre assured the dismissal of the complaints against these persons, including those of the NBI and BOC, will be subjected to automatic review.

The case stemmed from the BOC’s seizure of 602 kilograms shabu last May 26 at the Hong Fei Logistics warehouse in Valenzuela City based on a tip from the Anti-Smuggling Bureau of the China Customs.

The shabu shipment managed to enter the country through the BOC after being declared as kitchenware, footwear, and moldings.