JUSTICE Secretary Vitaliano Aguirre has recalled all the “midnight” resolutions issued by his predecessor”•former acting Justice Secretary Emmanuel Caparas”•from May 1 to June 30, 2016.
In Department Order 524 dated Aug. 3, Aguirre ordered the deferment of the implementation and execution of the resolutions and motions for reconsideration promulgated by Caparas, particularly those issued a month before he bowed down from office.
Aguirre’s order is addressed to Prosecutor General Claro Arellano, all senior deputy state prosecutors, senior assistant state prosecutors, assistant state prosecutors, prosecution attorneys and all regional, provincial, city prosecutors and their deputies, senior assistants and assistant prosecutors.
Aguirre also ordered prosecutors to move for the suspension of the proceedings in court if any of Caparas’ resolutions had been elevated in court.
He required the Department of Justice’s docket section to immediately turn over all case records with motions for reconsideration filed by the party or parties aggrieved by the resolutions issued by Caparas to his office.
Earlier, businessman and newly elected 1-Pacman Party-list Rep. Michael Romero sought the stay of execution of Caparas’ resolution ordering his and two other people’s indictment for qualified theft for issuing corporate checks worth P9 million.
The resolution dated June 13, 2016, which was issued by Caparas, reversed the June 18, 2015 resolution of the Justice Department that upheld the joint resolution dated March 6, 2015, and the resolution dated April 21, 2015, issued by Assistant State Prosecutor Susan Dacanay as acting City Prosecutor of Quezon City.
The resolutions ordered the dismissal of the complaints under Article 310 of the Revised Penal Code or the complex crime of qualified theft through falsification of commercial documents filed against Romero, Jeremillo and Galvez by HCPTI.
The ownership of HCPTI, the company that operates the 10-hectare Manila Harbor Center Terminal, is being contested before various courts by Romero and his father Reghis Romero II.
Caparas has already denied the allegations against him, saying he had done his work professionally.
Aguirre also said there was no evidence to substantiate the allegations against Caparas.