By Andrea Louise E. San Juan

THE Department of Justice (DoJ) Panel yesterday, Nov. 22, has dismissed the charges against former Bureau of Customs (BoC) Commissioner Nicanor E. Faeldon and 10 other respondents in connection with the importation of 602.279 kilograms of shabu.

Justice Secretary Vitaliano N. Aguirre II said in a statement: “In so far as the complaint filed by PDEA against the Bureau of Customs (BOC) personnel, namely: Commissioner Nicanor Faeldon, 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 Panel dismisses the charges against them for failure of the PDEA (Philippine Drug Enforcement Agency) to state with clarity the acts or omission supposedly committed by the above-named BoC respondents that would constitute violation of the offense charged.”

“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,” he added.

“As to the complaint filed by PDEA for violation of the Dangerous Drugs Board regulation under Section 32 of Republic Act 9165 against the agents and investigators of the National Bureau of Investigation-Anti Organized Transnational Crime Division (NBI-AOTCD), namely: Atty. Dennis Siyhian, Atty. Marie Catherine Nolasco, Special Investigator (SI) Marfil B. Baso, SI Joselito C. Guilen, SI Darwin Francisco and SI Edgardo C. Kawada, the Panel likewise dismisses the same,” Mr. Aguirre stressed.

“The Panel finds that, under the circumstances attendant to the case, and pursuant to relevant Dangerous Drugs Board (DDB) Regulations and jurisprudence, the NBI-AOTCD is justified to retain custody of the 500 kilograms of shabu which they seized, examined and investigated,” he added.

Mr. Aguirre stated: “Regarding the complaint of PDEA against the corporate officers of Hong Fei Logistics, the same 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,” he pointed out.

“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,” Mr. Aguirre said.

The Joint Resolution reads: “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.”

On the other hand, The DoJ Panel of Prosecutors assigned to the case of importation of 602.279 kilograms of shabu filed today a case for importation of Dangerous Drugs penalized under Section 4, in relation to Section 26 (a) of Republic Act No. 9165, as amended, with the Regional Trial Court of Valenzuela City.

Previously, the DOJ Panel of Prosecutors issued a joint resolution on the complaints separately filed by the NBI Anti-Organized and Transnational Crime Division and the PDEA.

In their Joint Resolution, the Panel found probable cause for “importation of dangerous drugs” under Section 4 of Republic Act No. 9165 otherwise known as The Comprehensive Dangerous Drugs Act of 2002, as amended, against the following respondents:

1. Chen Ju Long a.k.a. “Richard Tan” or “Richard Chen”

2. Li Guang Feng a.k.a. “Manny Li”

3. Dong Yi Shen Xi a.k.a. “Kenneth Dong”

4. Mark Ruben G. Taguba II

5. Eirene Mae A. Tatad

6. Teejay A. Marcellana

7. Chen I. Min

8. Jhu Ming Jhun

9. Chen Rong Huan

10. other unidentified individuals known only as John Doe, Jane Doe and George Doe.

“In finding probable cause against the above-named respondents for the importation of 602 kilograms of shabu, the Panel determined that the combination of the individual participation of each of the respondents, either as shipper, consolidator, facilitator, broker, financier, consignee, or warehouse lessee — reveals a pattern of over acts indicative of conspiracy to import into the country the dangerous drugs,” a portion of the statement reads.

“In view thereof, the Panel recommended the filing of the corresponding criminal information for importation of dangerous drugs against the above named respondents with no bail recommended,” it noted.

Mr. Aguirre emphasized: “The eradication of the menace of illegal drugs is one of our pronounced mandates in your DOJ. And the filing of the information in this case is one way to eradicate this threat for the better future of our youth and loved ones.”

“We want to send a message that any involvement in drugs will be severely dealt with. You deal in drugs and you will suffer the full consequences! To those who are still involved in drugs, we are coming for you!” he added.

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