CEBU, Philippines — Claiming that his indictment for alleged conspiracy to trade illegal drugs was only based on hearsay evidence, Cebuano businessman Peter Go Lim has petitioned before the Supreme Court to review the resolution of the Department of Justice finding probable cause against him.
Lim, through Loja-Lopez Law Firm in Makati City, asked the high tribunal that a temporary restraining order or a writ of preliminary injunction be issued against the secretary of justice and the panel of prosecutors.
Named respondents of the petition for certiorari were Justice Secretary Menardo Guevarra, and the panel of prosecutors composed of Senior Assistant State Prosecutors Juan Pedro Navera and Anna Noreen Devanadera, and Prosecution Attorney Herbert Alvin Cabugan.
Attached to the petition were previous DOJ resolution signed by then secretary Vitaliano Aguirre II which dismissed the charges against Lim and self-confessed drug distributor Kerwin Espinosa and the transcript of stenographic notes of the hearing of the Senate Committee on Justice and Human Rights.
An earlier resolution exonerating Lim cited Section 28, Rule 130 of the Rules of Court on the admission by third-party which states that, “the rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided.”
“Clearly thus, an extrajudicial confession is binding only on the confessant. It cannot be admitted against his or her co-accused and is considered as hearsay against them,” the resolution stated.
In refuting respondent Marcelo Adorco’s allegation about their alleged meeting in Thailand in 2015, Lim presented his passport showing the dates of his departures from the Philippines and his arrivals to the countries he visited during the relevant period.
The passport shows that Lim was not in Thailand on the dates alleged by Adorco. Lim also claimed that even more crucial is the fact that during that time of the alleged meeting in Thailand, he was confined at the Cebu Doctors’ University Hospital which lasted for about 45 days from May 16, 2015 up to July 2, 2015.
The resolution also stated that, “in fact, Kerwin denies knowing respondent Peter Go Lim, and even if he does not categorically deny knowing respondents Peter Co and Lovely Impal, he is certain that Adorco does not know them personally.”
The petition also pointed out that the transcript of the November 23, 2016 hearing of the Senate Committee on Justice and Human Rights actually proves that Kerwin never dealt with or met Lim and renders Adorco’s allegations regarding him as incredible and based on double hearsay.
Lim is currently being hunted by the police after Regional Trial Court Branch 65 Judge Gina Bibat-Palamos in Makati City ordered his arrest. Lim is also subject of a hold departure order from the court that keeps him from leaving the country.
The police tracker team has been closely watching his six houses in Cebu since last week. (FREEMAN)