THE Department of Justice (DOJ) has junked the drug-related complaint filed against alleged drug lords Peter Lim and Kerwin Espinosa and several others for lack of evidence.
In a resolution obtained by the media on Monday, March 12, the panel of prosecutors recommended the dismissal of the charges for violation of Section 26 (b) (conspiracy) in relation to Section 5 (sale) of Republic Act 9165 or the Comprehensie Dangerous Drugs Act of 2002 filed against the two suspected drug lords. The panel ruled that the evidence submitted against the two was hearsay.
The complaint against Lim and Espinosa was filed by the Philippine National Police- Criminal Investigation and Detection Group- Major Crimes Investigation Unit (PNP-CIDG-MCIU).
The DOJ also junked the complaints filed against respondents: Peter Co, Max Miro, Lovely Impal, Lovely Ruel Malindangan, Jun Pepito, Jermy, alias Amang, alias Ricky, alias Warren, alias Tupie, alias Jojo, alias Jaime, alias Yawa, alias Lapi, alias Royroy, alias Marlon, alias Bay, Peter Doe, John Doe, Robert Doe and several unidentified others.
Among the respondents, Miro was killed Saturday night, March 10, after he allegedly resisted arrest.
The same complaint against Marcelo Adorco, the former bodyguard of Espinosa, was also junked.
Adorco's testimony stemming from his arrest in a drug bust by elements of the PNP Albuera Leyte in June 2012 was used against Espinosa and Lim.
In Adorco's affidavit, he divulged that there is conspiracy existing between the Espinosa group and the drug suppliers in Central and Eastern Visayas: Lim, Co and Impal.
He said the Espinosa group transacts drug business with Lim and Co and that the illegal drugs, (shabu) intended for selling, were being transported to Bohol, Samar, Northern and Southern Leyte, Biliran and some parts of Cebu.
In the resolution, Assistant State Prosecutors Michael John Humarang and Aristotle Reyes said the testimony of Adorco has no probable value as it is just hearsay.
"He only overheard from Kerwin's telephone conversation that drug supplies, allegedly, will be coming from Peter Lim or Peter Co," the resolution said.
"It is well-settled under the rules on evidence that hearsay cannot be given credence and has no probable value at all," it added.
The prosecutors also noted that the complainant PNP-CIDG-MCIU failed to present evidence such as illegal drugs to strengthen its allegations.
"The dearth of complainant's evidence and Adorco's unreliability as a witness thus constrain us to dismiss the present complaint agaisnt the respondents," said the prosecutors.
Considering the inadmissibility of Adorco's testimony, the prosecutors said it would be unfair to place the respondents for trial.
The decision, signed by Acting Prosecutor General Jorge Catalan will be automatically reviewed by Justice Secretary Vitaliano Aguirre II pursuant to Department Order 004. (SunStar Philippines)