FORMER senator Antonio Trillanes IV yesterday filed drug smuggling and graft and corruption complaints against Davao City Rep. Paolo “Pulong” Duterte, lawyer Manases “Mans” Carpio, former Customs chief Nicanor Faeldon, former Army Col. Allen Capuyan and several alleged members of the “Davao Group” for before the Department of Justice (DOJ).
The complaints were based on the findings of the Senate blue ribbon committee in relation to the P6.4 billion shabu shipment that was seized in 2017.
Carpio is the husband of Vice President Sara Duterte.
Also named respondents in the complaints were Davao City Councilor Nilo “Small” Abellera, Charlie Tan, Teofilo Joseph “Jojo” Bacud, former Marine Col. and Customs officer Neil Anthony Estrella, and Nanie “Tita Nanie” Cabatu Coronacion.
Trillanes said the respondents violated Section 4 in relation to Section 26(a) of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 as amended by RA 10640, as well as RA 3019 or The Anti-Graft and Corrupt Practices Act.
Duterte called Trillanes’ complaint a “welcome development.”
“Mas maganda ito dahil sa korte ng Pilipinas ang pagdinig at hindi sa korte ng Facebook at utak ng isang trililing na sundalong kanin (This is better because it will be heard by Philippine courts and not the court of Facebook and the mind of one crazy lowly soldier). This move will allow us to address these accusations through the proper legal channels, ensuring that the truth will prevail,” Duterte said in a statement.
The lawmaker said he has always maintained his innocence “and I am confident that the judicial process will clear my name.”
“It is important to rely on our legal institutions rather than resorting to trial by publicity or baseless allegations,” he said, adding: “Please bear in mind that this is the similar case that Mr. Trillanes has made a fool out of himself when he presented his alleged (pieces of) evidence against me…. as a mercenary. I am not surprised how Mr. Trillanes has once again fooled (people) to fund this desperate attempt to peddle this baseless story to the Filipino people. I also look forward to the resolution of the libel cases I filed against him.”
SHABU SHIPMENT
The case stemmed from the May 2017 seizure of 602.2 kilograms of shabu worth P6.4 billion that were imported from China using the Bureau of Custom’s express lane.
The shabu shipment was later found by authorities stored in a warehouse in Valenzuela City.
A subsequent inquiry conducted by the Senate blue ribbon committee revealed that the shabu shipment had a “green lane” pass that allowed it to slip through the Custom’s alert system did not undergo physical inspection or verification of documents.
Trillanes said he based his complaint on the report of the Senate panel.
“This is the result of the Senate investigations conducted in 2017, in which we have identified Pulong, Charlie Tan and Mans Carpio as the mastermind behind the P6.4 billion shabu shipment that was allowed to slip through Customs, in collaboration with its Commissioner, Nic Faeldon and former presidential adviser Allen Capuyan, who was known as the Big Brother,” Trillanes said.
“The conspiracy to import the subject shipment from China to the Philippines necessitated the crucial interventions of the ‘powerful insiders’ – the corrupt Customs leadership, and more importantly, the very powerful protectors who used their influence to consummate this unlawful crime of importation of billions of pesos worth of dangerous drugs into the country,” he added.
Trillanes also cited the testimony of Customs broker Mark Ruben Taguba during the Senate hearings that Duterte and Carpio supposedly called BOC collector Jet Maronilla and ordered him to facilitate the clearance of the drug shipment.
Taguba had tagged both Duterte and Carpio as alleged members of the so-called “Davao Group” during the Senate probe.
Trillanes claimed Faeldon supposedly influenced the other respondents to break the chain of custody and facilitate the previous shipments handled by Taguba.
On the other hand, Capuyan purportedly furnished Taguba with the list of tariff codes which the latter used to have the smuggled drugs pass through the green lane to avoid customs inspection.
The former senator said Estrella’s initial failure to coordinate with the Philippine Drug Enforcement Agency (PDEA) about the shipment proved his attempt to “fumble or destroy the chain of custody of the seized drugs.”
WHY ONLY NOW
In a brief interview with reporters, Trillanes explained that he only filed the case now as the Dutertes can no longer wield influence over the judiciary.
“Yung judiciary naman natin by and large functioning siya at patas siya, except for the cases na may interes ang mga Duterte. Kapag sa ganon talagang minamaniobra nila, pinipilipit ang batas at hudikatura para mapaboran sila at maproteksyunan sila.
Ngayon so far wala na tayong nakikitang ganon kaya natin ito hinain (Our judiciary is, by and large, is functioning and fair except in some instances when the Dutertes have an interest. In cases they have an interest, they try to manipulate the law and judiciary to favor and protect them. But we do not see that now so that is why we filed the case),” he said.
He added the case is an opportunity for the DOJ to “seriously look into, investigate and prosecute the big fishes” in the illegal drugs trade.
CONSPIRACY
Trillanes stressed in his complaint that the individual participation of each of the respondents revealed a pattern of overt acts indicative of conspiracy to import into the country dangerous drugs.
“This is where the Davao Group enters the picture. Taguba testified that his shipments breezed through the BOC without so much an inspection in the green lane because of the influence and protection of the Davao Group,” he said.
“In view of all the foregoing disquisition, and the numbers of malefactors involved, it is clear that implied conspiracy existed in the commission of the crime between and among all the herein respondents – the Davao Group and the Bureau of Customs officials, including respondent “Big Brother Capuyan,” he added. — With Wendell Vigilia
