Peter Lim snubs DOJ hearing, loses chance to respond to drug raps

Lim’s legal counsel, lawyer Magilyn Loha, apologized before the panel for the non-appearance of the Cebu-based businessman. (PCOO photo)

MANILA — The Department of Justice (DOJ) on Wednesday would no longer allow alleged drug lord Peter Lim to file his counter-affidavit and other defenses against the drug complaint filed by the Philippine National Police (PNP) against him and his co-respondents.

This was due to Lim’s failure to attend the hearing, where he was supposed to file his counter-affidavits on the charges against him.

Lim’s legal counsel, lawyer Magilyn Loha, apologized before the panel for the non-appearance of the Cebu-based businessman.

“We have explained to our client the consequences, the requirement, the directive made by this honorable panel. However, over and against the advice of counsel, he advised us that paramount to him is his safety. Thus, he decided that he will not be able to attend today’s hearing,” Loha told the panel.

Senior Assistant State Prosecutor Juan Pedro Navera, who heads the panel, explained the importance for the panel to determine the identity of Lim through his personal appearance and swearing to the authenticity of the counter-affidavit he was supposed to submit.

“There are implications if he does not attend and it is really not the concern of the panel whether he intends to file a counter-affidavit or not,” Navera warned Lim’s lawyers.

“This is just like any other preliminary investigation. If the respondent does not submit his or her counter-affidavit, then the consequences under Rule 112 must apply,” he added.

“Peter Go Lim is hereby directed to file his counter-affidavit and personally appear before the undersigned panel of prosecutors and to subscribe the same on May 30, 2018. Respondent Peter Go Lim’s failure to appear on the said date shall be considered a waiver of his right to present his defense and we shall consider the case submitted for resolution based on the evidence on record,” reads the order dated May 21, by Navera and Assistant State Prosecutor Anna Noreen Devanadera, and Prosecution Attorney Herbert Calvin Abugan.

Other respondents, namely self-confessed Kerwin Espinosa, convicted drug lord Peter Co, alleged drug supplier Lovely Impal, and alleged drug dealer Marcelo Adorco, were able to appear during the hearing on Wednesday.

Espinosa and Co, appeared before the panel to take their oaths on their supplemental counter-affidavit and counter-affidavit, respectively.

Meanwhile, the panel has issued a resolution that granted Lim’s request to undergo a separate preliminary investigation over the drug case.

“Respondent Lim maintains that the alleged transactions involving him and co-respondent Espinosa (Rolan “Kerwin” Espinosa) are separate, distinct and totally unrelated to the other transactions with the other respondents in the case,” the resolution read.

It can be recalled that a former panel of prosecutors ordered the dismissal of the drug charges against Lim, Kerwin Espinosa and several others due to the inconsistencies and contradictions in the testimonies of respondent-turned-witness Adorco.

The dismissal drew loud criticisms from various sectors, which eventually led to the resignation of then justice secretary Vitaliano Aguirre II.

Prior to his resignation, Aguirre set aside the dismissal of the case and instead created a new panel, led by Navera, to conduct a re-investigation and determine whether there is probable cause to put the respondents on trial.

Lim had earlier asked the DOJ to reconsider its decision and reinstate the resolution of the previous panel dismissing the charges against them filed by the PNP-Criminal Investigation and Detection Group (CIDG).

His plea, however, was denied by Justice Secretary Menardo Guevarra.

Last April, Lim filed a motion for a separate preliminary investigation for the panel to be able to thoroughly look into and give proper attention to his defenses.

“We granted the motion for separate preliminary investigation filed by respondent Peter Go Lim,” Navera said.

However, since Lim waived his opportunity to file a counter-affidavit, the panel decided to go ahead and wrap up his separate preliminary investigation by June 29.

Navera gave Lim’s lawyer and the Office of the Solicitor General (OSG), which represents the complainant PNP-CIDG Major Crimes Investigation Unit (MCIU), to file on June 29 their respective memoranda that would list the evidence submitted before the panel.

Meanwhile, the panel will continue the preliminary investigation against Lim’s co-respondents.

The panel also gave the OSG until June 22 to submit its reply to the counter-affidavits of the other respondents.

Apart from Lim, Espinosa, Co, and Adorco, those who have been named as respondents in the complaint are arrested drug dealers Lovely Impal; Max Miro; Ruel Malindangan; Jun Pepito; and several others who are only known through the aliases Amang, Ricky, Warren, Tupie, Jojo, Jaime, Yawa, Lapi, Royroy, Marlon, and Bay.

Under the complaint, Lim and his co-respondents are 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 No. 9165, also known as the Comprehensive Dangerous Drugs Act of 2002.