NBI to probe DOJ panel that cleared Lim, Espinosa

PALO, Leyte, March 14  -- Department of Justice (DOJ) Secretary Vitaliano Aguirre III has ordered the National Bureau of Investigation (NBI) to investigate the dismissal of drugs case filed against businessman Peter Lim, self-confessed drug lord Kerwin Espinosa, and 20 others.

Speaking to more than 1,000 participants of the Prosecutors' League of the Philippines national convention held at the Oriental Hotel here Wednesday, Aguirre said the decision for NBI to intervene aims to erase public perception that the DOJ is hiding something.

“The backlash that we received is unprecedented, but we have to show that we are not hiding anything and the prosecutors that participated in the resolution agreed to be investigated by the NBI,” Aguirre said.

Espinosa is a self-proclaimed drug lord in Eastern Visayas and the son of slain Albuera, Leyte Mayor Rolando Espinosa, while Lim is a Cebu-based businessman tagged by President Rodrigo Duterte as one of the top drug lords in the country.

The Criminal Investigation and Detection Group (CIDG) has filed a motion for reconsideration of the dismissed case at the DOJ which the secretary responded with the creation of a new panel of prosecutors to resolve the case.

Aguirre said that for the motion for reconsideration to be strong, the complainant must supplement it with stronger evidences to indict the respondent on their involvement in illegal drug trade like in the case of Espinosa who presented himself at the Senate where he confessed that he is a drug lord.

“I was suggesting to the complainant to read the resolution so that they can make their case strong. Check what the comment of the National Prosecution Service (NPS) (as to) why the case was dismissed, if there is inconsistency and most of all they should get the copy of Kerwin’s admission in Senate, get the certified true copy of the transcript,” Aguirre said.

“If there is a clear admission in the part of Kerwin, this will going to be a strong case,” he added.

Once the CIDG is able to present solid evidence against the accused, the DOJ will expedite the case, Aguirre added.

However, Aguirre said that he has not read the resolution since the case is not yet elevated to his office because of the motion for reconsideration filed by the CIDG.

Only when the complainant asked the DOJ for a petition for review, or on automatic review that the case will be forwarded to his office.

The Task Force on Anti-illegal Drugs, under the DOJ, recommended in its 41-page resolution to dismiss the police's complaint against alleged drug lords Espinosa, Lim, and 20 others.

Acting Prosecutor General Jorge Catalan Jr. approved the resolution of assistant state prosecutors signed on December 20, 2017. The document was released to the public on Monday.

CIDG filed the case for violation of Section 26 (b) of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act.

Section 26 (b) is an attempt or conspiracy for the sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. (RTA/PNA)