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Faeldon seeks transfer of raps to Ombudsman


By Jeffrey Damicog

Former Bureau of Customs (BOC) Commissioner Nicanor Faeldon believes the Office of the Ombudsman and not the Department of Justice (DOJ) has jurisdiction over the criminal raps filed against him concerning the smuggled P6.4 billion illegal drugs.

Bureau of Customs (BOC) commissioner Nicanor Faeldon (Czar Dancel / MANILA BULLETIN)

Former Bureau of Customs (BOC) commissioner Nicanor Faeldon (Czar Dancel / MANILA BULLETIN)

Because of this, Faeldon filed on Thursday a motion asking the DOJ panel of prosecutors to dismiss the criminal complaint against him for lack of jurisdiction.

“It is the Office of the Ombudsman (OMB) and not this DOJ Investigating Panel, which has jurisdiction to investigate all offenses involving Mr. Faeldon, who was a Salary Grade 30 public officer, or involving those offenses or felonies allegedly committed by him in relation to his office,” read his motion.

Faeldon filed the motion as the prosecutors begun conducting its preliminary investigation over the complaints filed against him and his co-respondents for drug importation and coddling of drug traffickers in violation of Republic Act 9165, the Comprehensive Dangerous Drugs Act of 2002.

In his motion, Faeldon pointed out that under the Sandiganbayan Law, the offenses fall under the jurisdiction of the Sandiganbayan since it fulfills the requisites that he was a public officer with a salary grade above 27 and the offenses were committed in relation to his office.

He said this has been backed by the Supreme Court (SC) which declared in a ruling that “what determines the Sandiganbayan’s jurisdiction is the official position or rank of the offender — that is, whether he is one of those public officers or employees enumerated in paragraph of Section 4 (RA 9165).”

“Even assuming arguendo that the allegations in the complaint were to constitute conspiracy to import prohibited drugs, which is punishable under the Dangerous Drugs Act, jurisdiction remains with the OMB and the Sandiganbayan, considering that the operative acts were allegedly done in relation to Mr. Faeldon’s power, position and authority as former BOC Commissioner,” the motion pointed out.

The DOJ is conducting the preliminary investigation on the consolidated complaints that were initially filed separately by the National Bureau of Investigation (NBI) and the Philippine Drug Enforcement Agency (PDEA).

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  • Rey David

    a senator should be thinking of making laws for the good of the country. this senator is only focused on destroying the credibility of our president. this only shows that he is only full of politics and not for the good of the country. he does not have any other agenda to help the country and the people.,..

  • Lucas Temoteo

    this senator only won because of pure luck. he does not have the right attitude and credibility to win an election. he is only making noise every time without any real sense in how to help the country grow and the people to be comfortable. he is only after his political ambition at all times

  • Kwak Kwak Kwak

    this so called senator does not know how to be a senator. all he does is make noise and press release. he does not know the true work of senator and instead only want political considerations given to him. he speaks out against the government but he himself does not know how to run anything.

  • Berdugo Katapang

    this senator is always grandstanding and will do everything to make him in the news. he is only making noise so the people will always remember him. he has not proven anything and yet he has the guts to speak out against the administration. he has not proven his capability to serve and his capability to be a leader


    this former rebel soldier cannot be trusted. he turned his back on his superiors when he conducted his siege last time. he cannot lead a group of soldiers what more of the entire country. he does not know anything on how to handle and solve the problems of our country. he is just making noise.

  • Liwanag Para sa Bayan

    this senator is only after his political career and not for the good of the country. he will only make noise to make the public aware that he is still active. he has no clear agenda and is only after the benefit of himself. he should not be given attention. he is a man who only knows his political agenda no more


    the country will not benefit from this senator. he is only making noise as he knows from the last election that he will not win anymore and get elected. he has been making baseless allegations on the president and is making noise so that the people will notice him. he doesnt deserve our attention.

  • Simon antonio

    this senator is proven to be a coward and who has no clear principles. he changes his agenda an is only after his self interest. he is a former soldier who does not have the right discipline to follow his superiors. we cannot expect good things from this senator only noise.

  • Emilio

    noise making is the only talent of this senator. he is known to make noise and to create trouble then he will abandon everything at the end. we cannot trust a man with this reputation. he is never a good leader and will never be in the future of philippine politics..

  • Parasa Bayan

    this senator does not respect our country as he is always showing his opposition to anything. he has turned against his former commander in chief and he is now doing the same to our president. he is only after his personal ambition and he just wants to make noise if he cant get what he wants.