The legal counsel of former Customs Commissioner Nicanor Faeldon is positive that his client will soon be freed from detention.
"I am very hopeful. I am fully-confident. A good lawyer can spot a winning case... I smell a winning case," Attorney Jose Diño said in an interview on CNN Philippines.
Diño mentioned that their camp has filed a petition before the Supreme Court seeking to declare as void and illegal the Senate blue ribbon committee’s order to detain Faeldon.
"Any lawyer would not file a petition if he does not have any reasonable expectation that he would win. Otherwise, he is liable to the Supreme Court for filing a frivolous complaint," the lawyer said.
Diño expressed confidence that the actions of Senator Richard Gordon during the Senate hearing on the P6.4-billion shabu shipment from China were enough to show that his client must not be detained.
"A lawyer should not second guess the Supreme Court. That's the Supreme Court. But judging from... with the strength of our arguments, in our petition that's self-praise, but if I may add, the performance of Senator Gordon in January 29. That's why in my motion to resolve our petition, I said if there is still any lingering doubt in the minds of the honorable justices... respondent Senator Gordon's actions pomposity persecution should be enough, more than enough," Diño said.
Faeldon is currently detained at the Pasay City Jail following his "sordid conduct" at the Senate hearing on the alleged corruption at the Bureau of Customs.
Faeldon, who was appointed as deputy administrator for operations of the Office of Civil Defense, had a heated argument with Gordon during Monday's hearing as he criticized the senator's way of handling the investigation.
Meanwhile, in the same interview, Diño slammed Gordon for how he treated the former Customs chief, saying that his client had experienced "unli persecution" in the hands of the senator.
"But with the performance of Senator Gordon, last January 28 at the infamous hearing where he brow-beat and persecuted... unli-persecuted ang tawag ko do'n, for two solid straight hours," Diño said.
"Gordon was talking down to Captain Faeldon like he was his puppy dog, like his katiwala, like his security guard. You don't do that to a guest. You don't do that to a fellow human being much less a fellow officer of government," he added.
For Diño, the Senate inquiry had appeared not to be in the aid of legislation, saying it became "accusatory."
"The power of Congress to act in aid of legislation is again circumscribed... precisely to guard against brow-beating, grandstanding and persecution of witnesses," Diño said.
"He (Faeldon) was there to shed light on what he knows. When he went there, [it was like] 'You know you're part of the bribery, you're at the heart of drug smuggling,'" he added.
The lawyer also said Faeldon's "right to personal dignity was thoroughly demolished."
"It was sad to say but it was an investigation in aid of persecution," Diño said. —Anna Felicia Bajo/KG, GMA News