Faced with a barrage of criticisms, Justice Secretary Vitaliano N. Aguirre II ordered the National Bureau of Investigation (NBI) on Wednesday to investigate for possible irregularities the government prosecutors behind the dismissal of the drug case lodged against Cebu businessman Peter Lim, self-confessed drug lord Kerwin Espinosa and several others.
The justice chief issued Department Order (DO) 152, ordering the investigation of members of the panel who conducted the preliminary investigation on the illegal-drug trade
complaint filed by the Philippine National Police. Aguirre stated the panel members should be investigated “possible misfeasance, malfeasance or nonfeasance or other violations of law” in dismissing the case.
The controversial resolution that may have cleared Lim and Espinosa, convicted drug lord Peter Co and several others was signed by Assistant State Prosecutors Michael John Humarang and Aristotle Reyes.
Senior Assistant State Prosecutor Rassendell Rex Gingoyon recommended the approval of the resolution.
Acting Prosecutor Gen. Jorge Catalan approved the dismissal of the case.
“In the interest of the service, the NBI, through Director Dante A. Gierran, is here by directed and granted authority to conduct an investigation and case buildup to determine possible misfeasance, malfeasance or non-feasance or other violations of law by members of the panel of the NPS [National Prosecution Service] over the dismissal of the case, entitled PNP-CIDG-MCIU v. Peter Lim, Kerwin Espinosa et al, and if evidence so warrants, to file appropriate charges thereon,” the order read.
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 fixers 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.
Under the Revised Penal Code, malfeasance is doing an act prohibited by law or doing an act ought not to be done, while misfeasance is the improper or irregular performance of an act and nonfeasance is the nonperformance, failure or refusal to do an act which one is required to do.
In dismissing complaint, against Lim, Espinosa, Co, Lovely Impal, Max Miro, Ruel Malindangan, Jun Pepito, and several others known only through their aliases, the justice department held that the complaint, which was 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 DOJ did not give weight to the affidavits submitted by Adorco, 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.
In another apparent attempt to appease the public outcry over the dismissal of the complaint, Aguirre issued DO 151 creating a new panel of prosecutors to review the dismissal of the said criminal complaint.
Designated as the reviewing prosecutors were Senior Assistant State Prosecutor Juan Pedro Navera, Assistant State Prosecutor Ana Noreen Devanadera and Prosecuting lawyer Herbert Calvin Abugan, while Senior Deputy State Prosecutor Richard Anthony Fadullon was designated as the Acting Prosecutor General.
The new panel will resolve the motion for reconsideration filed by the PNP-Criminal Investigation and Detection Group (CIDG) seeking the reversal of the first resolution.
“The panel of prosecutors and the acting prosecutor general shall resolve the motion for reconsideration under existing laws, rules and regulations,” the order said.
President Duterte has also expressed dismay over the dismissal of the complaint and vowed to invoke his “power of supervision and control” to review the dismissal of the drug case.