Lim, et al. not off the hook

CEBU, Philippines — Controversial Cebuano businessman  Peter Lim and other suspects who have been cleared of drug charges by the Department of Justice (DOJ) should not celebrate just yet, the police said.

The Police Regional Office (PRO) - 7 reiterated yesterday that it will reinvestigate the case once they find new evidence or witnesses.

“If naa additional new evidence and we will also look into the reason of the dismissal,” said PRO-7 spokesperson, Supt. Reyman Tolentin.

Tolentin echoed PRO-7 Director, Chief Supt. Robert Quenery, who said Lim and the other respondents, including confessed drug dealer Kerwin Espinosa, are still not off the hook.

“Our investigators and legal team are looking for additional witnesses and pieces of evidence that will make possible the re-filing of the charges. (In the) meantime, we will look into the possible technicalities that have caused the dismissal to serve as reference in the filing of similar cases in the future,” Quenery said Monday.

DOJ prosecutors dismissed the complaint filed by the Philippine National Police-Criminal Investigation and Detection Group (CIDG) against Lim, Espinosa, Peter Co, Max Miro, Lovely Impal, Rule Malindangan, Jun Pepito, "Jermy", "Ricky", "Warren", "Tupie", "Jojo", "Jaime", "Yawa", "Lapi", "Royroy", "Marlon", and "Bay".

The prosecutors said state witness Marcelo Adorco is not a credible witness, “judging from the material inconsistencies and improbability of his allegations.”

The DOJ panel gave weight to Lim’s denial of the allegation that he had met with Espinosa and Adorco in Thailand on June 4, 2015 for the delivery of 50 kilos of shabu to Espinosa.

Lim argued that this was physically impossible because he had never been to Bangkok.

He claimed he was never involved in the illegal drug trade in Central Visayas as alleged by the PNP and never met Adorco, Kerwin Espinosa and the other respondents.

The businessman has denied that he is the alias Jaguar on the government’s narco list who supplied illegal drugs to the group of Espinosa, recalling that he even presented himself to the National Bureau of Investigation to clear up the matter.

Aside from the PNP, the Philippine Drug Enforcement Agency has said Lim is the same person who is one of the top five most wanted drug traffickers on the PDEA list. Lim has also denied this.

Adorco had claimed he had supplied narcotics in “staggering amounts” to Kerwin Espinosa for more than two years, but prosecutors said this is contrary to the “standards of human experience and the logical course of reality.”

“Indeed, for an evidence to be believed, it must proceed not only from the mouth of a credible witness, but must be credible in itself as to hurdle the test of conformity with the knowledgeable and common experience of mankind,” the prosecutors pointed out.

The DOJ also cited as basis the failure of the PNP-CIDG to present “any circumstantial evidence to prove respondents’ illegal drug transactions.”

“Though it may be argued that the corpus delicti of a crime may be established even by a single witness’ uncorroborated testimony or even by circumstantial evidence, it is essential that this witness be credible,” reads the resolution signed by Assistant State Prosecutors Michael John Humarang and Aristotle Reyes.

CIDG

Chief Supt. Royina Garma, head of the Criminal Investigation and Detective Group (CIDG) in Central Visayas, said they will help in the investigation once the national headquarters issues a directive.

“I will just help the instructions sa taas, but kung may witness na pupunta sa akin and sabihing ‘Oo alam ko involved sya drug trade’, then we can corroborate,” Garma said.

She said, though, that getting new witnesses will be a tough challenge.

“Ang problema kasi, even if people know, they are scared na magsabi,” she said.

She hopes DOJ Secretary Vitaliano Aguirre II will reverse the panel’s findings.

“Hindi sa lahat ng kayang patunayan, hindi totoo.Merong totoo na hindi natin napapatunayan. May napapatunayan ding hindi totoo.  We have laws and our own ways to determine the truth, but it’s God who knows the truth,” Garma said.

Nothing to hide

Dioscoro Fuentes Jr., Lim’s legal liaison and spokesperson, told The FREEMAN his client will answer charges if there will be others.

“What we can say is, we are not hiding anything. If they can find any witnesses and answer whatever needs to be, then we will answer. Continue investigating the same case, which was already a subject to a decision from the higher-ups,” Fuentes said.

He said Lim is just grateful of the ruling. (FREEMAN)