FREED Sen. Richard Gordon, chair of the Senate blue ribbon committee, lets go of former Customs Commissioner Nicanor Faeldon (left) on the condition that he will not talk back to the senators. 鈥擡DWIN BACASMAS
After six months in Senate detention and a month and a half at the Pasay City Jail, former Customs chief Nicanor Faeldon was released, 12.7 kilograms (28 pounds) lighter, on Monday.
Faeldon has promised to attend the next hearings of the Senate blue ribbon committee, answer its queries and not to talk back to senators.
Sen. Richard Gordon, chair of the blue ribbon committee, ordered Faeldon鈥檚 release as his committee was about to conclude its fourth hearing on allegations of a payola system at the Bureau of Customs (BOC) that benefited him and other agency officials.
鈥楽habu鈥� shipment
It was on Faeldon鈥檚 watch at the BOC that a shipment of 鈥渟habu鈥� (crystal meth) worth P6.4 billion from China got past customs personnel in Manila last May.
A customs fixer linked the shipment to the so-called Davao Group that allegedly included a son of President Rodrigo Duterte, Paolo, who was then serving as vice mayor of Davao City.
The fixer later denied linking Paolo to the group that facilitated the release of shipments at the BOC in exchange for millions of pesos in payments to the group and customs officials.
The fallout from the scandal led to Paolo鈥檚 resignation.
Faeldon was freed barely two hours after Monday鈥檚 Senate hearing. Gordon did not ask any questions on the allegations raised by Sen. Panfilo Lacson against the former BOC head in a privilege speech last year.
Faeldon was cited in contempt by the Senate in September last year for refusing to testify and appear at the hearings.
He denied Lacson鈥檚 allegations that he received payola from the alleged 鈥減layers鈥� at the BOC and filed ethics complaints against Lacson and Sen. Antonio Trillanes IV.
The complaints have since been dismissed by the Senate ethics committee.
Transfer to Pasay jail
On Jan. 29, the Senate ordered Faeldon鈥檚 transfer to the Pasay City Jail after he tangled with Gordon.
The senator told reporters that he did not consult members of his committee on the release, saying they had authorized him to do so.
鈥淗e behaved himself and he assured me [this] when I saw him earlier. He said 鈥榶ou鈥檙e my friend,鈥� but I told him, 鈥榠t鈥檚 not the friendship but the respect for the Senate,鈥欌�� Gordon said.
He said Faeldon would attend the next hearings. The committee has set one for March 20.
As Monday鈥檚 hearing was about to conclude, Gordon called the attention of Faeldon, saying 鈥渨e will call you on your cognizance that when we ask you questions there will be no back talking and you will answer questions directly.鈥�
Commitment
Faeldon replied in the affirmative and made the same reply when Gordon asked if the Senate could get his commitment that he would not talk back to the senators.
鈥淪o the committee chair hereby orders your release from incarceration,鈥� Gordon told him, prompting applause that did not sit well with the committee chair.
He said Faeldon did not disrespect him, but the Senate, 鈥渁nd I鈥檓 duty-bound to protect the Senate.鈥�
鈥淭his whole brouhaha鈥� could have been avoided had Faeldon answered the questions of the senators, he said.
鈥淲e don鈥檛 find pleasure in putting people in contempt. I鈥檓 not on a power trip here. The committee or the Senate is not on a power trip here 鈥� [W]e don鈥檛 hesitate to enforce our rules,鈥� he added.
鈥楴o help from Palace鈥�
Faeldon denied that he had sought help from the Palace for his release.
He declined to answer more questions from reporters, letting his lawyer face the journalists as they awaited release papers from the Pasay City Jail.
While in detention, Faeldon was appointed deputy administrator of the Office of Civil Defense.
Lacson did not mind Faeldon鈥檚 release, saying the former customs commissioner 鈥渁lready answered for whatever indiscretion that he committed during the hearings.鈥�
He said Faeldon had suffered enough during detention.
Payola system still alive
The senator said he had already 鈥渕oved on鈥� from the Faeldon issue.
Asked if the 鈥渢ara鈥� (payola) system was still continuing at the BOC, Lacson said money that was being made at the bureau did not come from tara.
Importers, he said, were reportedly coughing up money because of threats that the release of their shipments would be delayed.
But Lacson said Customs Commissioner Isidro Lape帽a, who succeeded Faeldon, was 鈥渄oing his darn best to introduce reforms鈥� at his agency.
鈥淐oming from the previous administration, the BOC is in much better good hands now than before,鈥� the senator said.
At the hearing, Lape帽a told Gordon that the tara system was still going on but that the agency had improved its collection of taxes.