JUSTICE Secretary Vitaliano Aguirre II on Wednesday ordered the National Bureau of Investigation to probe the state prosecutors who dismissed the criminal case against Cebu-based businessman Peter Lim, self-confessed distributor Kerwin Espinosa, convicted druglord Peter Co and several others, in connection with their alleged involvement in the illegal drug trade.
In his order, Aguirre told NBI Director Dante Gierran to determine possible misfeasance or malfeasance or other legal violations by the panel of the National Prosecution Service, which is under the Justice department.
The controversial resolution that cleared Lim, Espinosa, Co and several others was signed by Assistant State Prosecutors Michael John Humarang and Aristotle Reyes and approved by acting prosecutor general Jorge Catalan.
Senior Assistant State Prosecutor Rassendell Rex Gingoyon recommended to Catalan the approval of the resolution.
Reyes was appointed by Malacañang early this year as presiding judge of Regional Trial Court Branch 15 in Lucena City, Quezon Province. He was also the prosecutor who handled the filing of criminal charges against Customs fixer Mark Ruben Taguba, Richard Tan, Manny Li, Kenneth Dong, Eirene Mae Tatad, Teejay Marcellana, Chen I-Min, Jhun Ming
Jhun, and Chen Rong Huan in connection with the smuggling of P6.4 billion worth of shabu from China in May last year.
Aguirre also formed another panel to handle the motion for reconsideration filed by the Philippine National Police-Criminal Investigation and Detection Group.
In a separate order, Aguirre said the new panel would be composed of Senior Assistant State Prosecutor Juan Pedro Navera, Assistant State Prosecutor Ana Noreen Devanadera and Prosecution Attorney Herbert Calvin Abugan.
Senior Deputy State Prosecutor Richard Anthony Fadullon will act as Prosecutor General for the case.
Aguirre also again sought to ease criticism on the dismissal, saying that it is not yet the end of the case since there is still the motion for reconsideration and after that an automatic review, which will be conducted by his office.
He said those who criticized him for the dismissal do not know how the process works in cases filed before the NPS.
Senator Richard Gordon, meanwhile, continued his criticism of Aguirre, and said dared him to file charges against Espinosa and Lim.
He also urged President Rodrigo Duterte to look into the case right away, because the dismissal of the case against Espinsa and Lim was serious.
Gordon said he would call for Aguirre’s resignation if he does not reverse the decision of the panel of prosecutors.
Detained Senator Leila de Lima said the travesty of the fake war on drugs is that it has never eliminated drug lords or the sources of drugs.
She said it has always targeted those at the lowest level of the drug chain, dealing on them the capital penalty of death without trial and on mere suspicion.
The opposition senator said there can be no excuse for the Philippine National Police and the Justice Department’s failure to bring real druglords to court.
“They seem to have no problem filing fake drug cases against political opponents of the Duterte administration like me. It appears that the law enforcement and justice machinery of the government under this administration has already forgotten how to file and prosecute real drug cases. They have become such experts in filing fake drug charges that they have become completely incompetent in the case build-up and the filing of real ones. This makes the drug war useless, as it is fake,” she said.
Administration and opposition lawmakers on Wednesday condemned the decision of the panel of prosecutors to drop the charges filed against Espinosa, Lim and 20 others.
Surigao del Norte Rep. Robert Ace Barbers, chairperson of the House committee on dangerous drugs, said the “ultimate casualty here is the President’s war on drugs.”
“It is a big blow to the credibility of the President’s list of narco personalities. If the DOJ wants to cast a shadow of doubt on the President’s list, then it is succeeding, to the delight of the narco personalities mentioned therein,” Barbers said.
The leftist Makabayan Bloc demanded Aguirre’s resignation.
“The Justice secretary has to be reminded that he is part of the President Executive’s family. In matter falling under his jurisdiction, generally, his actions and decisions are deemed those of the President’s. Just two years into his term, and already, the integrity of his office and attached agencies are under question,” said Rep. Danilo Suarez. “This is alarming, given the vast powers that the secretary of Justice can exercise,” Suarez said.
Barbers, chairperson of the House committee on dangerous drugs, said Espinosa himself openly and voluntarily admitted under oath before the Senate investigation in August 2017, that he is indeed involved in illegal drug trafficking in Regions 7 and 8.
Espinosa further admitted that Peter Go Lim was one of his suppliers of illegal drugs, he said.
“How can the DoJ panel say that the testimony of the driver bodyguard of Espinosa is uncorroborated when Espinosa himself validated such testimony in his own admission before the Senate investigation?” Barbers said.
Catholic bishops also criticized the panel of prosecutors for dismissing the charges.
Caloocan Bishop Pablo Virgilio David said in light of the killing of thousands of poor drug suspects and the dismissal of the charges against Espinosa and Lim, “due process seems to work only in a very selective way.”
Lingayen-Dagupan Archbishop Socrates Villegas, former CBCP president, said he was “dumbfounded” by the move.
“It is incredible. It is the unbelievable but it is hardly miraculous. It is something else. It is the opposite of justice. It is insulting,” he said.
The PNP Criminal Investigation and Detection Group questioned the prosecutors’ decision to drop the charges against Espinosa and Lim.
Police director Roel Obusan, chief of the CIDG, said they have a strong case against Espinosa.
He said they have filed a motion for reconsideration and are including additional material evidence to overturn the prosecution panel’s decision to drop the charges.
He added that the police will submit the testimonies of Espinosa during a Senate hearing in which he admitted to being a drug dealer.