The dismissal of the case by the Department of Justice (DOJ) against Nicanor Faeldon, Gerardo Gambala, Milo Maestrecampo, among others is not the complete story. Faeldon and Gambala may have been absolved in the importation of dangerous drugs but they are guilty of misfeasance and nonfeasance in allowing the entry of drugs through the green lane. They may be held liable for violating R.A. No. 3019, or otherwise known as the "Anti-Graft and Corrupt Practices Act" and R.A. No. 10863, or otherwise known as the "Customs Modernization and Tariff Act." They centralized the operation by creating the Command Center (ComCen) thereby, causing undue injury to the government.
Maestrecampo, on the other hand, is guilty of malfeasance, misfeasance, and nonfeasance. The evidence shows that Maestrecampo provided aid in allowing the shipment of drugs to enter in the country's front doors smoothly through the green lane by providing HS codes. There is also evidence showing his involvement with Mark Taguba. What about Neil Estrella? He was the one who botched the seizure operations- facts pointed to the failure to have been done deliberately.
The malfeasance, misfeasance, and nonfeasance stems from the fact that this happened because they created and established the ComCen which overly centralized the key functions of Customs officials, including the issuance of alert orders. Their intention may be correct but, ironically, the ComCen eased the entry of drugs and illicit goods rather than prevent it. This paved the way for smuggling and the entry of drugs which includes the 890 kg. of shabu seized last December 2016.
Further, the Committee is still investigating on the tara system. Other than the importation of drugs, Customs officials may still be further held liable on the tara by committing bribery and other laws specifically the Anti-Graft and Corrupt Practices Act. Further investigation must be made to determine the liability of each Customs official.
Source: Senate of the Philippines