Faeldon was charged with graft and corruption, after he allegedly conspired with CLTI by allowing the release of 40,000 bags of rice at the Port of Cagayan De Oro in two separate deliveries in 2017, without presenting the required import permits.
STRESSING that former Bureau of Customs chief Nicanor Faeldon’s actions caused undue injury to the government, the Sandiganbayan Fifth Division recently denied his motion to dismiss the charges filed against him relative to his involvement in the alleged smuggling of ₱34.04 million worth of Vietnam rice into the country more than four years ago.
In a 37-page decision promulgated by the Sandiganbayan Fifth Division last September 16, Associate Justice Maryann Corpus-Manalac said the findings were based on evidence showing Faeldon "caused undue injury to the government” by favoring Cebu Lite Trading Incorporated (CLTI).
Faeldon was charged of graft and corruption, with the court alleging that he “conspired” with CLTI by allowing 40,000 bags of rice through the Port of Cagayan De Oro in two separate deliveries in 2017 without the need to present the required import permits.
In May, Faeldon's camp filed an urgent motion to recall the resolution, hold departure order and warrant of arrest, as well as to dismiss the case against him, arguing against how the court found probable cause to charge the former official.
The Sandiganbayan also denied a similar motion for Rowena Lim, a corporate officer of CLTI.
It also warned Faeldon's counsel, Atty. Jelina Magsuci, against using "intemperate" or inappropriate language in writing motions.
The Sandiganbayan quoted a statement in Faeldon's motion which alleged that the Covid-19 pandemic may have led the court to an "oversight of their duty to conduct a punctilious review" of the records of the preliminary investigation.
The motion also called the private complainant an "epal-litico" with "grandstanding allegations."
"Assisting counsel Jelina Maree D. Magsuci is directed to be circumspect and cautious in the writing of her submissions, with a stern warning that a repetition of a similar or analogous act shall be properly dealt with more severely," the Sandiganbayan's ruling stated.
"While a lawyer is entitled to present his case with vigor and courage, such enthusiasm does not justify the use of offensive and abusive language,” it added.
(With report from CNN Philippines)
Tags: #NicanorFaeldon, #BureauOfCustoms, #ricesmuggling, #Sandiganbayan