FORMER Customs Commissioner Nicanor Faeldon was cited in contempt by the Senate blue ribbon committee for failing to respond to the panel’s subpoena Thursday, and would be arrested if he does not show up to the hearing set next week.
“The chair orders Capt. Faeldon [cited] in contempt and must report here at the next hearing on Monday,” Senator Richard Gordon, chairman of the committee, said before suspending the probe on the smuggling of the P6.4-billion shabu shipment.
“The sergeant-at-arms is ordered to make sure that he gets the information and that he is brought here on Monday,” Gordon said.
The motion was approved with no objections.
Gordon warned Faeldon would be arrested if he failed to appear before the committee.
“If he does not appear on Monday, he will be arrested and brought here to the blue ribbon committee. We will not entertain any defiance of the government here in this chamber,” he said.
Faeldon’s absence on Thursday’s hearing was the second time since he was issued a subpoena by the committee on Aug. 29.
Faeldon for his part said he no longer had faith in the impartiality of some Senate members who have maligned him, the reason he did not attend Thursday’s hearing.
Instead, Faeldon called on senators and congressmen to immediately file their cases against him and the rest of his team so that justice would be served.
“I will no longer attend inquiries of both Houses of Congress until a competent court has defined clearly the limitations of the privilege of legislative immunity vis-bis the constitutionally guaranteed rights of citizens of this country. All rights guaranteed under the Constitution and all other laws must be respected,” said Faeldon.
In a letter sent to the committee, Faeldon stressed his absence was “not to defy the Senate as an institution but rather “a way of protesting.”
“I continue to have the highest respect for the Senate as an institution but I no longer have faith in the impartiality in (sic) some of its members who have lied to malign me and other innocent resource persons,” Faeldon said.
“This is not to defy [the Senate] as an institution. This is a way of protesting. I want my team and I to be the last victims of baseless accusations, persecution, and condemnation,” said Faeldon.
Faeldon added he would welcome any case to be filed against him in connection with the drug shipment that slipped past Customs last May, as well as the alleged corruption inside the BoC.
At the same time, Faeldon submitted to the Senate blue ribbon committee a waiver on secrecy of bank accounts.
The document, signed and notarized on Sept. 6, was attached to Faeldon’s letter to the committee, after he snubbed the subpoena requiring his attendance at the probe on the smuggling of the P6.4-billion shabu shipment and the “tara” system at the BoC.
The waiver states: “I hereby authorize the Senate of the Philippines and the House of Representatives and all government agencies in the Philippines that has (sic) the authority to investigate allegations of corruption, to examine, inquire, or look into all my bank accounts here in the Philippines and even anywhere in the world.”
In his letter, he said the committee was also free to examine the bank accounts of his brothers, sisters, nephews, and nieces. “Just say the word,” he said.
Faeldon also denied the accusation of Senator Panfilo Lacson that he received bribe money from corrupt importers.
“I have not asked nor authorized anyone to collect any bribe in the form of money nor material things, nor have I received any bribe money or gift from anybody,” he said.
In a privilege speech last Aug. 23, Lacson said Faeldon was among the BoC officials who benefited from the “tara” system.
Meanwhile, newly appointed Customs Commissioner Isidro Lapeña admitted that “tara” or corruption continued to exist at the bureau, but claimed the “lagay” system had been reduced dramatically since he assumed office.
Lapeña observed that corruption at the BoC was cut when he warned Customs officials and personnel found guilty of corruption would immediately be removed from the bureau as part of his one-strike policy.
“Similar to what I did with Philippine Drug Enforcement Agency, I will implement a one-strike policy to boost internal cleansing, which of course shall be supported by intensified counter-intelligence efforts,” he said.
Lapeña said that “tara” system was already existing at the bureau when he assumed office, stressing “it is actually a lagay system to facilitate the movement of the goods of certain businessmen.”
The new BoC chief said once he received reports of employees’ involvement in corrupt practices and validated, Customs officials or employees would be immediately removed and administratively charged.
Earlier, Lapeña said at least 70 percent of illegal drugs that enter the country pass through Customs various seaports.
He said he received reports when he was with PDEA that 70 percent of illegal drugs passed through the seaports of the BoC.
Lapeña vowed to stop all illegal activities at the BoC and urged the cooperation of all employees in stamping out corruption.
Customs officials admitted there was indeed corruption at the bureau, a reality that allowed P6.4 billion worth of illegal drugs to enter the country via the green lane.
BoC Intelligence Officer Joel Pinawin noted the tara system was the basis for allowing P6.4 billion worth of illegal drugs from China to go through the green lane.
The green lane is an express lane where shipments go through the Customs without any inspection.
“It was highlighted, the reason why 605 kilos shabu [was spirited out of the BoC]. because it passed through the green lane. Since this was a general merchandise … Supposedly, it should be under the red lane,” he said.
Shipments passing through the red lane undergo physical and documentary inspections by Customs officers.
“They were saying it passed through the green lane because somebody is being paid in the BoC,” said Pinawin, who also denied any knowledge that the shipment which entered the Philippines from China last May contained illegal drugs.
Pinawin said he was part of the team that inspected the warehouse in Valenzuela City. With Vito Barcelo