Former Bureau of Customs chief Nicanor Faeldon raises a clenched fist as he arrives at the DOJ to attend the continuation of the preliminary investigation into the drug trafficking case on Thursday, Oct. 19, 2017. INQUIRER photo / Grig C. Montegrande
The Department of Justice (DOJ) junked former Customs Commissioner Nicanor Faeldon鈥檚 plea to dismiss the string of criminal complaints filed against him by the Philippine Drug Enforcement Agency (PDEA) in relation to the P6.4-billion drug smuggling scandal.
READ: PDEA files drug raps vs Faeldon, 11 BOC execs
In a resolution dated October 12 and released publicly on Thursday, the DOJ investigating panel composed of assistant state prosecutors Aristotle Reyes and Rodan Parrocha junked Faeldon鈥檚 plea to dismiss the complaint citing jurisdiction issue. However, the DOJ declared that the department has jurisdiction to conduct preliminary investigation of the drug offenses involving a public officer with a salary grade above 27.
Faeldon had argued that his case should be filed before the Office of the Ombudsman and not the DOJ because he is receiving a salary聽grade of 30 as Bureau of Customs (BOC) chief.
READ: Faeldon questions DOJ jurisdiction
鈥淟ikewise, certain provisions of R.A. No. 9165 (Comprehensive Dangerous Drugs Act of 2002) indicate that the Regional Trial Court has jurisdiction regardless of position of the offender public officer,鈥� the resolution stated.
The resolution said that Section 27 of the law, which mentions 鈥減ublic officer or employee,鈥� does not make distinction of the salary grade, while Section 28 imposes maximum penalty to those government officials and employees found guilty.
鈥淎gain, it does not mention that cases against these government officials shall be filed before the Sandiganbayan, but instead, imposes the maximum penalty for the unlawful acts committed,鈥� it noted.
The decision said that the agency鈥檚 basis of junking Faeldon鈥檚 appeal was the DOJ resolution on the case of Sen. Leila de Lima issued on February 12, 2017, a position that was upheld by the Supreme Court鈥檚 decision on Sen. Leila de Lima鈥檚 illegal drugs case.
鈥淭his panel finds no cogent reason to deviate from earlier position of the Department that it has jurisdiction to conduct preliminary investigation over drug cases involving public officers and employees including those who have a salary grade of 27 and higher,鈥� the resolution said.
The SC ruled on October 10 that regional trial courts, not the Sandiganbayan, have jurisdiction on illegal drug cases involving public officials and employees, regardless of salary grade. /jpv