The Supreme Court has dismissed the petition filed by Cebu-based businessman Peter Lim seeking to stop the Department of Justice from reinvestigating the drug charges filed against him.
“Acting on the petition for certiorari [with prayer for the issuance of a temporary restraining order and/or a writ of preliminary injunction] . . . the Court resolves to dismiss the petition for failure to show any grave abuse of discretion in rendering the challenged order and resolution which, on the contrary, appeared to be in accordance to the facts and the applicable law and jurisprudence,” the resolution stated.
In his petition, Lim assailed the validity of DoJ’s order issued last March creating a new panel of prosecutors to conduct a reinvestigation of the case after the dismissal of the case last December by another panel of prosecutors was met by strong criticisms from various sectors.
Recently, the DoJ found a probable cause to indict Lim on charges of sale, administration, dispensation, trading, delivery and transportation of illegal drugs under Republic Act 9165 or the Comprehensive Dangerous Drugs Act.
A case has been filed against him before a trial court which has issued an arrest warrant against him.
Lim is now considered a fugitive after he failed to surrender to authorities.
The businessman asked the SC to nullify the order issued by resigned Justice secretary Vitaliano Aguirre II, which effectively voided the resolution that dismissed the charges against him for lack of probable cause.
The complaints against Lim were filed by the Philippine National Police Criminal Investigation and Detection Group.
The petitioner alleged that the DoJ violated his rights to life, liberty, due process of law and to speedy disposition of case.
Lim accused the DoJ of committing grave abuse of discretion for nullifying the resolution of the first panel of prosecutors, who received public outrage.
He impleaded Justice Secretary Menardo Guevarra and members of the second panel of prosecutors chaired by Senior Assistant State Prosecutor Juan Pedro Navera as respondents in the petition.”‹