MANILA – The Department of Justice (DOJ) on Wednesday dismissed the criminal charges filed against former Bureau of Customs (BOC) Commissioner Nicanor Faeldon and 11 other BOC officials in connection with the PHP6.4 billion shabu shipment seized in Valenzuela City last May 26.
Justice Secretary Vitaliano Aguirre II said the DOJ panel headed by Assistant State Prosecutor Aristotle Reyes dismissed the Philippine Drug Enforcement Agency’s (PDEA) complaint for conspiracy to import illegal drugs and protecting or coddling of drug traffickers under Republic Act 9165 (Comprehensive Dangerous Drugs Act), negligence and tolerance under Article 208 of the Revised Penal Code, and corrupt practices of public officers under Section 3 of R.A. 3019 (Anti-Graft and Corrupt Practices Act) for lack of probable cause.
According to Aguirre, the DOJ cited PDEA’s “failure to state with clarity the acts or omission supposedly committed by the above-named BOC respondents that would constitute violation of the offense charged” as basis in clearing Faeldon of the charges.
“Further, the 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,” read the resolution.
Aside from Faeldon, also cleared from raps were then BOC Director Milo Maestrecampo, Director Neil Estrella, Intelligence Officer Joel Pinawin, Intelligence Officer Oliver Valiente, Atty. Jeleena Magsuci, Atty. Philip Maronilla, Alexandra Y. Ventura, Randolph O. Cabansag, Dennis J. Maniego, Dennis Cabildo and John Edillor.
The DOJ panel likewise dismissed PDEA’s complaint for violation of the Dangerous Drugs Board (DDB) regulation under Sec, 32 of RA 9165 against the agents and investigators of the National Bureau of Investigation-Anti Organized and Transnational Crime Division (NBI-AOTCD), namely: Atty. Dennis Siyhian, Atty. Marie Catherine Nolasco, SI Marfil B. Baso, SI Joselito C. Guilen, SI Darwin Francisco and SI Edgardo C. Kawada.
The panel found that under the circumstances attendant to the case, and pursuant to relevant DDB Regulations and jurisprudence, the NBI-AOTCD is justified to retain custody of the 500 kilograms of shabu which they seized, examined and investigated.
PDEA’s complaint against the corporate officers of Hong Fei Logistics was also dismissed for failure of the PDEA to show that these corporate officers knowingly consented to or actively participated in the importation of the subject shipment.
Also, the case against Emily Anoche Dee for maintaining a drug den is likewise dismissed. The Panel finds lack of knowledge on the part of Emily that her property being rented will be used as a transshipment point of the subject drugs.
Regarding the case against Fidel Anoche Dee filed by the NBI-AOTCD, the same was also dismissed in view of the existence of an earlier case filed against him by the PDEA before the Regional Trial Court of Valenzuela City.
Pursuant to Department Order No. 004 Series of January 4, 2017, the dismissal of the cases against the BOC personnel, the NBI-AOTCD agents and investigators, the corporate officers of Hong Fei Logistics and against Emily Anoche Dee and Fidel Anoche Dee shall be subject to automatic review by the Secretary of Justice.