(Eagle News) — The Department of Justice (DOJ) has junked former Customs Commissioner Nicanor Faeldon’s motion to dismiss the complaints filed against him in connection with the P6.4-billion drug shipment that slipped through the country via Customs express lanes in May.
In junking Faeldon’s motion, the DOJ investigating panel said it “finds no cogent reason to deviate from (the) earlier position of the Department that it has jurisdiction to conduct preliminary investigation over drug cases involving public officers and employees including those who have a salary grade of 27 and higher.”
The panel composed of assistant state prosecutors Aristotle Reyes and Rodan Parrocha was referring to the resolution issued by the DOJ on Feb. 12 and which was upheld by the Supreme Court in its Oct. 10 ruling.
In the ruling, the SC said that the regional trial courts have jurisdiction over illegal drug cases involving those in government, regardless of salary grade.
“Likewise, certain provisions of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) indicate that the Regional Trial Court has jurisdiction regardless of position of the offender public officer,” the resolution added.
In his motion, Faeldon had said that the Office of the Ombudsman, not the DOJ, had jurisdiction over his case because a Bureau of Customs chief had a salary grade of 30.