The Sandiganbayan has allowed former Bureau of Customs (BOC) commissioner Nicanor E. Faeldon to present a substitute witness to testify in his behalf during the trial of the graft charges filed against him.

Instead of himself, Faeldon offered the presentation of the testimony of his former chief of staff, whose testimony, he said, will "substantially" be the same as his testimony if he were to testify.

The name of the substitute witness was not mentioned in the anti-graft court's resolution that granted Faeldon's plea in his March 25 motion.

Faeldon told the anti-graft court that he decided not to testify in his defense due to a close family friend's recent death. He explained that he "is not in the proper emotional and mental state to make the necessary preparations... to take the witness stand and testify."

Despite the opposition of the prosecution, the anti-graft court's fifth division granted Faeldon's motion since it "will serve the ends of justice... without causing a delay in the proceedings or prejudice to the prosecution."

The court said in its resolution: "To the Court, the foregoing circumstances and the greater interest of justice outweigh procedural niceties. However, the ruling here should not be taken to mean that the Court will grant every motion to substitute witnesses."

"Each case must be considered individually, taking into account the attendant circumstances and the need to balance the rights of all parties. The rule is still that the terms of the pre-trial order bind the parties," it said.

In its resolution, Faeldon was directed "to furnish the prosecution with a coply of his intended substitute witness' judicial affidavit following pertinent rules."

It ordered the continuation of the presentation of the defense evidence starting at 8:30 a.m. on May 15.

Two graft charges were filed against Faeldon by former senator Panfilo "Ping" Lacson.

The charges stemmed from the alleged P34 million rice smuggling activities in Cagayan de Oro City in 2017.

Lacson alleged that Faeldon illegally approved the first release of 21,800 bags of rice worth P18.5 million and then the second release of 18,200 bags worth P15.5 million. The approval was reportedly made even while the customs officers had already seized the Vietnamese rice due to lack of valid import permits and non-payment of custom duties and taxes.