Ombudsman recommends filing of criminal, administrative charges vs Faeldon for shabu mess

(File photo) Customs commissioner Nicanor Faeldon answers lawmakers’ questions during a hearing at the House of Representatives on the P6.4 billion illegal drug (shabu) shipment from China. (Eagle News Service)

 

(Eagle News) — The Office of the Ombudsman has recommended the filing of graft and usurpation of official functions, aside from other criminal and administrative charges, against former Customs commissioner Nicanor Faeldon in connection with the P6.4 billion worth of shabu shipment that had passed through the Bureau of Customs (BOC) during his watch.

The Ombudsman has already completed the fact-finding investigation on the complaint involving the 602.2 kilograms of high-grade methamphetamine hydrochloride or shabu smuggled into the country in May last year, and recommended the filing of both criminal and administrative charges against Faeldon and other customs officials.

Aside from Faeldon, the Special Panel of Fact-Finding Investigators of the Ombudsman recommended the filing of criminal charges for violation of Section 3(e) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) against three other BOC officials, namely Import Assessment Service (IAS) Director Milo Maestrecampo, Risk Management Office (RMO) Chief Larribert Hilario, and Accounts Management Office (AMO) Chief Mary Grace Tecson-Malabed.

The panel also recommended the filing of administrative charges of Grave Misconduct against Faeldon and BOC officials Joel Pinawin and Oliver Valiente, as well as Gross Neglect of Duty and Grave Misconduct against Tecson-Malabed and Maestrecampo.

The panel also recommended the filing of additional charges of Usurpation of Official Functions (Article 177 of the Revised Penal Code), violation of Section 32 of the Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165) against Faeldon, and violation of Section 3(a) of R.A No. 3019 against Faeldon and BOC Director Neil Anthony Estrella.

“The criminal and administrative charges will undergo preliminary investigation and administrative adjudication, respectively,” said a statement from the Office of the Ombudsman.

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It said Ombudsman Conchita Carpio Morales took no part in the fact-finding investigation which had also dismissed complaints against former Davao City Vice-Mayor Paolo Duterte and Atty. Manases Carpio for “lack of basis.”

The charges stemmed from the raid conducted on May 26 last year by joint operatives from the BOC-Customs Intelligence and Investigative Services, the National Bureau of Investigation, and the Philippine Drug Enforcement Agency on a warehouse owned by the Philippine Hongfei Logistics Group of Companies, Inc. in Valenzuela City.

The raid involved the controlled delivery of a shipment declared to contain printing cylinders.

According to the field investigators, “the BOC later discovered and seized the shabu but the manner through which the discovery and seizure were made leaves much to be desired.”

“Evidence suggests that numerous laws and administrative issuances pertaining to the proper search, seizure, handling and controlled delivery of drugs were violated by the public officers,” the Office of the Ombudsman’s release said.

(With a report from Erwin Temperante, Eagle News Service)