DOJ reopens probe on dismissed Kerwin Espinosa case

MANILA, Philippines — The Department of Justice (DOJ) yesterday reopened the preliminary investigation of the cases against self-confessed drug trafficker Kerwin Espinosa, his alleged supplier Peter Lim and eight others.

Lim’s lawyers led by Majilyn Loja appealed the order of then justice chief Vitaliano Aguirre II last month to review the December 2017 resolution of DOJ prosecutors dismissing the complaint of the Philippine National Police (PNP)-Criminal Investigation and Detection Group (CIDG) against him, Espinosa and the others.

The motion for reconsideration specifically asked newly appointed Justice Secretary Menardo Guevarra to reverse the decision of Aguirre and reinstate the previous resolution that junked the charges for sale, administration, dispensation, trading, delivery and transportation of illegal drugs under Republic Act 9165 (Comprehensive Dangerous Drugs Act).

Loja argued that the reopening of the case already dismissed by the previous panel of prosecutors was a violation of the constitutional rights of Lim, including right to speedy disposition of case and due process of law.

“The assailed order neither contained the ground for vacating the dismissal of the complaint against Mr. Lim, nor did it discuss the evidentiary basis in the records and disclosed to the parties during the preliminary investigation, to support such order,” read the motion.

“Considering the threat from the President, the negative reactions from government officials and the perceived ‘public outrage,’ it is obvious that the assailed order was issued to appease personalities and the public,” it added. “Notably, the Secretary of Justice himself admitted that his action in this case was influenced by the public’s reaction on the dismissal of the complaint against Mr. Lim and his co-respondents,” the lawyers said.

Loja further argued that the parties were already afforded sufficient opportunity to submit their respective pieces of evidence during previous hearings.

“The reopening of this case for further reception of evidence, after its dismissal due to insufficiency of evidence, reeks of bias and prejudice against Mr. Lim,” she pointed out.

Apart from the appeal, lawyers of Lim also filed a separate motion for the conduct of separate investigation on charges against him from those of other respondents.

At the hearing yesterday, the new panel of prosecutors led by Senior Assistant State Prosecutor Juan Pedro Navera ordered the CIDG to comment on the separate motion of Lim within five days.

The DOJ panel also required the CIDG, represented by the Office of the Solicitor General this time, to submit additional pieces of evidence against Lim, Espinosa and other respondents in the next hearing set for April 30.

It was also confirmed that two henchmen of Espinosa who were named respondents in the case – Noel Pepito and Max Miro – had been killed in separate incidents.

The previous panel composed of Assistant State Prosecutors Michael John Humarang and Aristotle Reyes dismissed the charges against Lim and the others for lack of probable cause.

The prosecutors faulted the PNP-CIDG for presenting weak evidence as well as lone witness Marcelo Adorco for “inconsistencies” in his testimony.

Meanwhile, former Bureau of Immigration (BI) commissioners Al Argosino and Michael Robles yesterday reiterated their plea to the Sandiganbayan for their transfer to the PNP Custodial Center at Camp Crame, Quezon City.

In a joint manifestation submitted before the anti-graft court’s Sixth Division, Argosino and Robles said the large number of drugs suspects detained at the Quezon City Jail Annex at Camp Bagong Diwa, Taguig poses risks to their security.

The two former BI officials attached to their manifestation a certification from the Bureau of Jail Management and Penology (BJMP) stating that of the 572 detainees at the QC Jail Annex, 419 are facing charges for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

The certification was signed by Jail Chief Inspector Luis Franco Cleofe, officer-in-charge of the BJMP QC Jail Annex.

In their joint urgent motion filed on Wednesday, Argosino and Robles said that by being fraternity brothers of Duterte, they might be exposed to possible attacks by the drug suspects detained at Camp Bagong Diwa “as an act of reprisal to the war on drugs of the government.” – Elizabeth Marcelo