The Office of the Solicitor General on Thursday opposed the appeal of Cebu-based businessman Peter Lim for the Department of Justice to dismiss the drug complaint filed by police authorities against him and several other alleged drug personalities.
In its comment, complainant Philippine National Police- Criminal Investigation and Detection Group, through the OSG, asked the DoJ to deny Lim’s motion for reconsideration of the order of former Justice Secretary Vitaliano Aguirre II vacating the resolution that dismissed the complaint, saying the March 19 order was backed by “laws, rules of procedure, and jurisprudence.”
Lim earlier assailed the ruling of Aguirre because he claimed the order for further investigation was based on the so-called “pulse of the people” and the “public outrage” that resulted from the drug complaint’s dismissal last year.
The OSG also stressed that Kerwin Espinosa, one of the accused, publicly admitted his “illegal drug trading activity” before a Senate hearing and stated in his judicial affidavit the involvement of Lim, and convicted drug lord Peter Co.
“Under these circumstances, it is clear that the former Secretary of Justice issued the March 9, 2018 order because he had every reason to believe that the dismissal of the complaint would cause a probable miscarriage of justice to the entire People of the Philippines,” the comment said.
"Thus, contrary to respondent Peter Go Lim's claim, the former Secretary of Justice did not issue the March 9, 2018 [order] by reason of public outcry, or nationwide uproar," it added.
Aguirre's order, which also called for the reception of further evidence from both the police and the alleged drug personalities, was "dictated by substantial justice and the desire to have a comprehensive investigation," the comment added.
According to the Solicitor General, the directive was "within the power and authority" of the Secretary of Justice.
A panel of state of prosecutors had dismissed the complaint against Lim and his co-accused due to weak evidence on Dec. 20, 2017, but the dismissal of the case because controversial that even caused the resignation of Aguirre.
Aguirre resigned from his post, but only after creating a new panel that would conduct a reinvestigation of the drug case.