MANILA, Philippines — Cebu-based businessman Peter Lim told the Department of Justice that its reopening of the drug case against him is a violation of his constitutional rights.
Lim asked the DOJ to uphold the resolution dated Dec. 20, 2017, where state prosecutors, citing weak evidence, dismissed the drug raps against Lim, confessed drug dealer Kerwin Espinosa, inmate Peter Co and a dozen others.
The reopening of the probe is a “clear violation of Lim’s right to the speedy resolution of this case,” Lim said.
READ: Probe on drug raps vs. Kerwin Espinosa, Peter Lim set on Thursday
“There is no discussion whatsoever on the evidence presented by complainant, much less any error in the findings on which the resolutions,” Lim said in his motion for reconsideration.
The DOJ reopened the investigation on Thursday, April 12. Lim did not appear before the panel, but was represented by lawyer Magilyn Loja.
Former Justice Secretary Vitaliano Aguirre II ordered the vacating of the case dismissal stated in the December 2017 resolution penned by Assistant State Prosecutor Michael John Humarang and trial court judge Aristotle Reyes, assistant state prosecutor at the time.
Under a Justice department order, all drug raps dismissed are automatically elevated to the Office of the Justice Secretary for review.
Former Deputy Executive Secretary Menardo Guevarra now heads the Justice department.
READ: Kerwin drug case and Napoles as state witness 'priorities' of new DOJ chief
Aguirre order 'impulsively issued'
The respondent asserted that Aguirre’s order was “impulsively issued.”
Lim noted that Aguirre even said that he ordered an investigation into Humarang and Reyes due to the “public uproar” caused by the dismissal of raps.
“Due process is the rule of law. It should not be overtaken by a mob rule, as what has happened in this case. After all, ours is a ‘government of laws and not of men,’” Lim said.
“It behooves the Secretary of Justice to reverse and set aside the assailed order, as it wantonly tolerates the unjust and hasty persecution of Mr. Lim,” the motion further reads.
Guevarra, in a message to reporters, said that he has yet to read Lim's motion, but added that he "will surely act on it."