Aguirre orders NBI to probe prosecutors who cleared Lim, Espinosa, Co et al of drug charges  

March 14, 2018

Justice Secretary Vitaliano Aguirre II on Wednesday directed the National Bureau of Investigation to investigate the prosecutors who composed the panel that dismissed the criminal case against Cebu-based businessman Peter Lim, self-confessed drug distributor Kerwin Espinosa, convicted drug lord Peter Co and several in connection with their alleged involvement in the illegal drugs trade.

In Department Order No. 152, Aguirre required NBI Director Dante Gierran to build a case to determine possible misfeasance, malfeasance or non-feasance or other legal violations by the same panel of the National Prosecution Service, which is under the DOJ.

“In the interest of the service, the NBI, through Director Dante A. Gierran, is hereby directed and granted authority to conduct investigation and case build-up to determine possible misfeasance, malfeasance or non-feasance or other violations of law by members of the panel of the NPS over the dismissal of the case entitled: PNP-CIDG-MCIU vs. Peter Lim, Kerwin Espinosa et al, and if evidence so warrants, to file appropriate charges thereon," the order stated.

The resolution that cleared Lim, Espinosa, Co and several others was signed by Assistant State Prosecutors Michael John Humarang and Aristotle Reyes and approved by acting Prosecutor General Jorge Catalan.

Senior Assistant State Prosecutor Rassendell Rex Gingoyon recommended to Catalan the approval of the resolution.

Aguirre also formed another panel that will handle the motion for reconsideration filed by the Philippine National Police-Criminal Investigation and Detection Group.

In a separate order, Aguirre said the new panel would be composed of Senior Assistant State Prosecutor Juan Pedro Navera, Assistant State Prosecutor Ana Noreen Devanadera and Prosecution Attorney Herbert Calvin Abugan.

Senior Deputy State Prosecutor Richard Anthony Fadullon will act as Prosecutor General for the case.

Aguirre sought to ease criticism on the dismissal, saying there is still the motion for reconsideration and  an automatic review which will be conducted by his office.

He said those who criticized him for the dismissal does not know how the process works in cases filed before the NPS.

“There are many who don’t understand the process here in the DOJ. Due to the National Prosecution Service Law, the NPS has its own processes headed by the prosecutor general and until the case is elevated to my office, I cannot intervene. What is the reason for the automatic review of the case if I intervene?),” Aguirre told dzBB  from Tacloban City where he was attending the national convention of prosecutors. DMS