The Philippine Star

Faeldon won’t seek release from Senate detention

- Evelyn Macairan – Marvin Sy,

Even though cleared of charges, former Bureau of Customs (BOC) chief Nicanor Faeldon has no intention of pulling out from the custody of the Senate, his lawyer said yesterday.

Jose Diño said no request has been made to either the Senate or the Blue Ribbon committee to release his client, who has been detained since Sept. 12.

“We have not asked the Senate, specifical­ly the Senate Blue Ribbon committee, nor will we ever request it to release Captain Faeldon despite the vindicatio­n that we received based on news reports that the DOJ (Department of Justice) has absolved us from any liabilitie­s,” Diño said.

According to Diño, Faeldon decided to remain incarcerat­ed in the Senate as a statement against legislativ­e investigat­ions “in aid of persecutio­n.”

Faeldon was detained for refusing to take part in the Blue Ribbon committee’s hearings on the P6.4-billion shabu shipment from China.

The DOJ has dropped the drug trading charges against Faeldon over the P6.4-billion shabu shipment that slipped past the BOC.

The DOJ said the charges against Faeldon and several other BOC officials were dropped due to the failure of the Philippine Drug Enforcemen­t Agency to clarify the offense committed by the respondent­s to constitute the offense charged.

Diño said there was no evidence to support the allegation­s that his client was involved in any wrongdoing, including the P6.4-billion shabu shipment from China or the alleged P100-million pasalubong (welcome gift) that Sen. Pan- filo Lacson claimed Faeldon received upon his assumption at the helm of the BOC.

He said some senators have already prejudged Faeldon as guilty so he has no intention of participat­ing in the hearings.

Diño said Faeldon has no intention of being subjected to lies and vilificati­on and does not mind remaining in detention at the Senate even on Christmas Day.

In the draft committee report prepared by Blue Ribbon committee chairman Sen. Richard Gordon, Faeldon was found liable for gross negligence as head of the BOC.

“He imposed a military structure which was good, but the concomitan­t diligence and competence was sorely lacking. We, therefore, hold him responsibl­e as specified above,” the report stated.

“He recommende­d the hiring of (Gerardo) Gambala as deputy commission­er for management informatio­n system and technology. He too was grossly negligent and therefore his appointmen­t and competence is Faeldon’s direct responsibi­lity,” it added.

A total of 12 senators have signed the draft committee report, which has not yet been reported out in plenary.

Senate Minority Leader Franklin Drilon abstained from signing since he has yet to read the report.

Former BOC-Manila Internatio­nal Container Port chief Vincent Philip Maronilla, who was among those cleared by the DOJ, said the lack of solid evidence against him was the reason why the charges were dismissed.

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