JUSTICE Secretary Vitaliano N. Aguirre II on Tuesday indicated the dismissal of the drug charges filed by the Philippine National Police (PNP) against Cebu-based businessman Peter Lim, self-confessed drug dealer Rolan Espinosa and several others is not yet final and may still be reversed.
Aguirre told reporters the resolution issued by Assistant State Prosecutors John Michael Humarang and Aristotle Reyes is still subject to an automatic review by his office or a motion for reconsideration before the prosecutors.
Thus, Aguirre begged off from further commenting on the dismissal of the case, which is now the subject of criticisms from various groups and lawmakers.
“As of the moment, my office will refrain from making unnecessary comment on this particular case since it will eventually be the subject of an automatic review which I will resolve. Procedurally, my office has no hand nor say on the resolution of this case,” Aguirre said.
In their 41-page resolution, the DOJ prosecutors dismissed the case for violation of Section 26 (b) of Republic Act 9165, or the Comprehensive Dangerous Drugs Act, complaint filed by PNP-Criminal Investigation and Detection Group (CIDG) against Lim, Espinosa and detained drug lord Peter Co, Lovely Impal, Adorco, Max Miro, Ruel Malindangan, Jun Pepito and several others known only through their aliases.
The justice department held the complaint based on the testimony of respondent-turned-witness Marcelo Adorco failed to offer evidence to establish probable cause to indict Lim and his co-accused for illegal- drug trade.
The Department of Justice (DOJ) did not give weight to the affidavits submitted by Adorco’s implicating Lim and several others in the illegal-drug transactions of Espinosa.
Adorco served as driver and bodyguard of Espinosa.
The DOJ held that Adorco’s affidavits are “unworthy of consideration” due to inconsistencies and contradictions.
With Rene Acosta and Bernadette D. Nicolas