DOJ ready to defend reinvestigation of drug raps vs Peter Lim

“The DOJ welcomes the filing of the petition and we are ready to defend our actions,” Department of Justice Secretary Menardo Guevarra said. (TOTO LOZANO/PRESIDENTIAL PHOTO)

MANILA, Philippines — Department of Justice (DOJ) Secretary Menardo Guevarra on Thursday, June 7, said that the DOJ is prepared to defend before the Supreme Court the reinvestigation of the drug charges filed against businessman Peter Lim.

This statement came after Guevarra learned that Lim filed a petition before the SC, asking the High Court to nullify the reinvestigation ordered by then Justice Secretary Vitaliano Aguirre III.

“We were informed that his lawyers had filed a petition for certiorari citing grave abuse of discretion. The DOJ welcomes the filing of the petition and we are ready to defend our actions,” Guevarra said in a text message to reporters.

“I trust in the good sense of the SC,” he added.

The Cebu-based businessman asked the High Court to issue a temporary restraining order that would stop the DOJ’s reinvestigation into his alleged violation of the Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act, which prohibits the sale, administration, dispensation, trading, delivery, and transportation of illegal drugs.

In his petition, Lim argued that the reopening of the preliminary investigation violates his constitutional rights to life and liberty, due process, and speedy trial.

He also accused the DOJ of grave abuse of discretion for issuing an “assailed order and resolution based solely on ‘pulse of the people’ and the perceived ‘public outrage.’”

Lim said he skipped the filing of a petition before the Court of Appeals and went directly to the SC as his case covered constitutional issues.

His complaint came after the DOJ barred him from filing a counter-affidavit and other defenses against the drug-related complaint filed against him by the Philippine National Police, due to his failure to attend the hearing.

“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 the panel of prosecutors handling Lim’s case.

His legal counsel, Magilyn Loha, said that Lim decided against attending the hearing due to concerns for his safety.

It can be recalled that Lim earlier faced the same drug-related charges, together with his co-respondents self-confessed drug lord Kerwin Espinosa, convicted drug lord Peter Co, and several others.

However, a panel of prosecutors from the DOJ dismissed the drug raps due to “unreliable,” “uncorroborated,” and “inconsistent” testimonies attached to the complaint. The document dismissing the charges was signed on December 20, 2017, but was made public only on March 12, 2018.

This drew criticisms from the public and was even believed to be one of the reasons behind Aguirre’s resignation from the DOJ. Aguirre, however, did not confirm the validity of this claim.

The investigation was reopened on April 12, with the Solicitor General Jose Calida now serving as the complainant’s lead counsel. His office on March 15 said, “The OSG will be taking up the cudgels for PNP-CIDG in seeking to overturn the dismissal of the charges against Kerwin Espinosa and Peter Lim.”