The Sandiganbayan has allowed former Bureau of Customs (BoC) chief Nicanor Faeldon to present another person to take the witness stand in connection with his graft case involving alleged anomalies in a P34.043-million smuggled rice shipment in 2017.

Faeldon sought the court’s permission to authorize his former chief of staff as his substitute witness, saying he is “not in the proper emotional and mental state to make the necessary preparations to take the witness stand and testify,” citing the recent passing of a close family friend.

He asserted that his refusal to testify for himself is a “right that can be exercised at any stage of the trial” and “should not be construed as a waiver of his right to present all available evidence in his defense.”

He added that his chief of staff’s testimony would likely be “substantially” the same as his own, as it would primarily concern processes, procedures, and administrative matters within the BoC — information he considers crucial to his defense.

Faeldon and four other co-accused face two counts of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, for allegedly allowing the entry of at least 40,000 bags of forfeited Vietnamese white rice through the Port of Cagayan without the necessary permits and without paying taxes and customs duties in 2017.

The complaint was filed by former Sen. Panfilo “Ping” Lacson before the Office of the Ombudsman, accusing Faeldon of approving the “illegal” release of the smuggled rice, amounting to P34.043 million in two batches.

Faeldon has disputed Lacson’s allegations, arguing they were not based on Lacson’s direct personal knowledge but were instead provided by a third party.

Faeldon and four other co-accused face two counts of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, for allegedly allowing the entry of at least 40,000 bags of forfeited Vietnamese white rice.

In opposing Faeldon’s petition, the prosecution argued that the intended substitute witness was never involved in the case, as he is “neither mentioned in the case records nor a signatory to any documents” connected to the smuggled rice shipment.

They further claimed that allowing such a witness would “open the floodgates to any personality whose name was never mentioned by any party to a case to testify in open court,” which is not allowed under court rules.

The Sandiganbayan, however, ruled that allowing Faeldon to present his chief of staff would require him to prove the testimony is “critical evidence” to his defense, without causing delay in the proceedings.