Aguirre willing to return to Senate to defend Faeldon decision

Justice Secretary Vitaliano Aguirre INQUIRER FILE PHOTO / RICHARD A. REYES

Justice Secretary Vitaliano Aguirre II said he was willing to face the Senate again to justify why the Department of Justice (DOJ) cleared former Customs chief Nicanor Faeldon and 11 other customs officials in the P6.4-billion “shabu” (crystal meth) smuggling case.

At least four senators have slammed the decision of a panel of DOJ prosecutors on Nov. 22 to dismiss the complaint filed by the Philippine Drug Enforcement Agency (PDEA) against Faeldon and 11 other customs officials.

Indicted

Senators Panfilo Lacson and Paolo Benigno Aquino IV said the 605-kilo shabu shipment could not had slipped from the Manila port without the complicity of customs officials, while Senators Francis Pangilinan and Antonio Trillanes IV said the case showed allies of the administration were spared from the “war on drugs.”

The DOJ panel instead indicted nine traders, including warehouse owner Chen Ju Long alias Richard Tan, or Richard Chen, and customs fixer turned Senate witness Mark Taguba II for the importation of dangerous drugs.

Also indicted were Li Guang Feng alias Manny Li, Dong Yi Shen Xi alias Kenneth Dong, Eirene Mae Tatad, Teejay Marcellana, Chen I. Min, Jhu Ming Jhun and Chen Rong Huan.

Prosecutors said the respondents should not be allowed to post bail.

Aguirre will automatically review the panel’s decision before it becomes final.

“I am willing to be investigated again,” he told reporters when asked about the possibility of being summoned again to a Senate inquiry.

“I will bring with me the DOJ panel because I have trust in them. I’m sure we will be able to justify why such conclusion was reached,” Aguirre added.

Aguirre stressed that he did not interfere in the preliminary investigation conducted by the panel composed of Assistant State Prosecutor Aristotle Reyes, who served as chair, and Assistant State Prosecutors Rodan Parrocha and Susan Azarcon.

He put the blame on the PDEA for failing to show evidence to convince prosecutors on the alleged involvement of Faeldon and 11 other customs officials.

Legal principle

While the Senate blue ribbon committee, which held nine public hearings on the shabu shipment, recommended filing charges against the customs officials, Aguirre said the DOJ prosecutors did not have to decide based on Senate inquiry.

“It is not the responsibility of the panel [but] the responsibility of the complainant [PDEA] to submit evidence to show there is probable cause [to indict] some of these customs officials,” Aguirre said, quoting the legal principle that “he who alleges must prove.”

Operatives of the Bureau of Customs, the National Bureau of Investigation and the PDEA seized 605 kilos of shabu during a raid in a warehouse in Valenzuela City last May 26.

The drug shipment had been declared as kitchenware, footwear and moldings.