Former Bureau of Customs Commissioner Nicanor Faeldon. INQUIRER PHOTO / GRIG C. MONTEGRANDE
Former Customs Commissioner Nicanor Faeldon called on Thursday the complaint filed against him before the Department of Justice (DOJ) as “ludicrous” and “baseless” as it failed to directly link him to the P6.4-billion shabu smuggling scandal.
“There is definitely no probable cause to hold me for trial for (Philippine Drug Enforcement Agency (PDEA) Seaport Interdiction Unit chief Norman) Balquiedra’s nonsense, as his allegations are as ludicrous as they are baseless,” Faeldon said in his counter-affidavit filed before the DOJ investigating panel led by Assistant State Prosecutor Aristotle Reyes.
In the resumption of the preliminary investigation on the smuggling of the P6.4-billion illegal drugs from China, Faeldon, wearing a white shirt printed with “Truth is Justice,” filed and subscribed his counter-affidavit that sought the dismissal of the complaint filed by PDEA for conspiracy to import illegal drugs and protect drug traffickers, in violation of the Comprehensive Dangerous Drugs Act, or Republic Act 9165.
In his counter-affidavit, Faeldon questioned the authority of Balquiedra to represent the PDEA in the complaint, especially that he was not duly endorsed by former PDEA officer-in-charge Ricardo Quinto or the new director, Aaron Aquino.
“Accordingly, since this Balquiedra was not authorized by the PDEA to file this complaint, it is considered as not filed and ineffectual, and, as a necessary consequence, is dismissible due to lack of jurisdiction,” Faeldon said.
“Thus, this Balquiedra’s act of filing this complaint without any written authority, and which act is not even his function or duty, being shorn of any basis in law, then he could not have acted with official authority and no presumption of regularity could apply in his behalf,” he added.
Faeldon also accused Balquiedra of being a “hit-and-run complainant” as he never showed up during the DOJ’s preliminary investigation hearings.
Faeldon said that if he would have wanted to be “P6.4-billion-richer,” then he would not have had acted on the “institutional tip” given by his counterpart in the Chinese Customs bureau, and “easily” told his counterpart that the intel report was negative.
Faeldon sought the dismissal of the criminal complaint “for total absence of probable cause.”
“Mere wild allegations, without more, could never sustain indictment for a crime,” he said.
The Department of Justice gave complainant PDEA, Balquiedra up to Nov. 3 to submit a reply to the allegations raised by Faeldon in his counter-affidavit.