THE Department of Justice (DOJ) has overturned the dismissal of drug-related charges lodged against alleged drug lords, Peter Lim and Kerwin Espinosa, rendering the case "wide open" to allow concerned parties to submit new evidence.
Justice Secretary Vitaliano Aguirre II on Tuesday, March 20, said the motion for reconsideration filed by the Criminal Investigation and Detection Group (CIDG) is now deemed "moot."
"I issued an order yesterday (March 19), vacating the dismissal of the case, so much so that there's no such dismissal anymore. And I ordered the case be ordered wide open for both parties -- the complainants and the respondents -- to file whatever evidence they have in support of their respective position(s)," Aguirre told Palace reporters.
"In the meantime, the motion for reconsideration filed by the CIDG is rendered moot. There's no dismissal already. The case is now wide open for the submission of all evidence," he added.
Aguirre issued the order about a week after reports came out about the DOJ resolution signed in December 2017 that dismissed the drug charges against Lim, Espinosa alleged drug queen Lovely Impal and others.
"The prosecution still has the chance to strengthen its evidence by securing a copy of the transcripts, stenographic notes and submitting it to the panel," Aguirre said Tuesday.
"The dismissal of the panel is now vacated and the case is remanded back to the new prosecutors that I have appointed. And the parties are free and required to submit all their evidence, in support of their position," he added.
Aguirre admitted that "nationwide uproar" had triggered him to order the fresh investigation on the case of Lim and Espinosa.
He, however, clarified that the review of the case is "not back to zero," as the new panel will still have to consider the evidence presented prior, as well as accept new documents and testimonies, in connection with the cases hurled against the respondents.
The DOJ resolution, dated December 20, 2017, cited lack of evidence as the reason for the dismissal.
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.
Duterte was reported to have punched the wall in the Palace in anger, after learning about the DOJ resolution.
Aguirre formed a new panel of prosecutors that reviewed the charges of violation of Section 26 (b) (conspiracy) in relation to Section 5 (sale) of Republic Act 9165 or the Comprehensie Dangerous Drugs Act of 2002 that were filed by the CIDG Major Crimes Investigation Unit against the two suspected drug lords and their cohorts.
The Justice Secretary also revealed that he ordered an investigation into the prosecutors who recommended the dismissal.
"Because of the nationwide uproar, actually, because of this backlash, I ordered the investigaton [to the alleged drug lords], as well as the prosecutors involved here. Of course, some of them are resentful," Aguirre said.
"I understand where they are coming from but they should also understand that because of the backlash caused by some people with ill motives coupled with politics, it caused bad percentpion among the public with regard to this issue," he added.
The dismissal was recommended by then state prosecutors Michael John Humarang and Aristotle Reyes. It was approved by Senior Assistant State Prosecutor Rassendell Rex Gingoyon and Acting Prosecutor General Jorge Catalan, Jr. (SunStar Philippines)