MANILAThe Office of the Solicitor General (OSG) asked the Department of Justice (DOJ) to dismiss the motion filed by Cebu businessman and alleged big-time drug lord Peter Lim to conduct a separate preliminary investigation on the illegal drug raps lodged against him and his co-respondents.
In a seven-page comment, the OSG asked the DOJ to deny Lim's motion for reconsideration which sought to reinstate the DOJ's Dec. 20, 2017 resolution which dismissed the complaint filed by the Philippine National Police (PNP).
The OSG also urged the DOJ not to dismiss the complaint filed by PNP's Criminal Investigation and Detection Group's Major Crimes Investigation Unit (PNP-CIDG-MCIU) against Lim, accused of violating Section 26 (b) in relation to Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) of Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2002.
The PNP based its complaint on the sworn statements issued by Marcelo Adorco, a bagman of self-confessed drug lord Kerwin Espinosa, who was arrested in a drug buy-bust operation in Albuera, Leyte on July 8, 2016.
In Lim's motion, he also challenged the March 19 order of former Justice Secretary Vitaliano Aguirre II which directed that the December 20, 2017 resolution be vacated and the case be remanded to a new panel of prosecutors for the continuation of the preliminary investigation.
In his motion, his lawyers pointed out the assailed Order effectively reopened the preliminary investigation after the first Panel of Prosecutors already dismissed the case, and found complainant's evidence insufficient to support the finding of probable cause against Lim and his co-respondents.
Apart from Lim, Espinosa and Adorco, those who have been named as respondents in the complaint were convicted drug lord Peter Co, alleged drug supplier Lovely Impal, Max Miro, Ruel Malindangan, Noel Jun Pepito, and 11 others, only known by their aliases as Amang, Ricky, Warren, Tupie, Jojo, Jaime, Yawa, Lapi, Royroy, Marlon, and Bay.
Lim's co-accused Miro and Pepito died in separate incidents.
Meanwhile, the new panel, composed of Senior Assistant State Prosecutor Juan Pedro Navera, Assistant State Prosecutor Anna Noreen Devanadera and Prosecution Attorney Herbert Calvin Abugan, directed the PNP-CIDG to submit additional evidence on the next preliminary investigation set on April 30.
Source: Philippine News Agency