The Department of Justice on Wednesday granted the plea of Cebu-based businessman Peter Lim for a separate conduct of preliminary investigation on the drug charges filed against him and several other respondents.
The DoJ’s panel of prosecutors led by Senior Assistant State Prosecutor Juan Pedro Navera granted Lim’s motion but urged him to appear to personally swear into the authenticity of the counter-affidavit he was supposed to submit during the preliminary investigation Wednesday.
Lim earlier filed a motion for a separate preliminary investigation for the panel to be able to thoroughly look into and give proper attention to his defenses.
“We granted the motion for separate preliminary investigation filed by respondent Peter Go Lim,” Navera said.
But Lim failed to attend Wednesday’s continuation of the preliminary investigation at the DoJ anew due to security reasons, according to his lawyer Magilyn Loja.
This prompted Navera to remind Loja of the possible legal consequence of Lim’s failure to appear before the panel.
Navera stressed it was important for the panel to determine the identity of Lim by personally appearing and swearing to the authenticity of the counter-affidavit he was supposed to submit Wednesday.
“You know there are implications if he does not attend and it is really not the concern of the panel whether he intends to file a counter-affidavit or not,” Navera told Lim’s lawyer.
“This is just like any other preliminary investigation, if the respondent does not submit his or her counter-affidavit then the consequences under Rule 112 must apply,” he stressed.
The panel has considered Lim’s refusal to attend the hearing as a waiver of his right to file his counter-affidavit.
With the grant of Lim’s motion for a separate preliminary investigation, the panel decided to give his lawyer and the Office of the Solicitor General, which represents the complainant Philippine National Police-Criminal Investigation and Detection Group’s Major Crimes Investigation Unit, a chance to file their respective memoranda on the case on June 29.
On the other hand, the panel will continue the preliminary investigation against Lim’s co-respondents separately.
The panel also gave the OSG to submit until June 22 its reply to the counter-affidavits submitted by the other respondents.