MANILA, Philippines — Philippine National Police chief Director General Ronald “Bato” dela Rosa yesterday slammed prosecutors of the Department of Justice (DOJ) who dismissed the complaint filed against suspected drug lords Kerwin Espinosa, Peter Lim and alleged accomplices for not using their “conscience,” adding that the PNP should have been informed beforehand that the evidence submitted was weak.
Dela Rosa did not mince words when he reacted to the statement of former assistant prosecutor and now Lucena City, Quezon regional trial court Judge Aristotle Reyes that the evidence of the PNP Criminal Investigation and Detection Group (CIDG) against the suspected drug traffickers was weak.
“If they think it was weak, why didn’t they tell us? Aren’t we a team?” Dela Rosa said in a news briefing at Camp Crame.
He reminded the prosecutors that they should be working together as they belong to the same branch of government.
“Even if we are separate in the pillar of the criminal justice system, we are still under the Chief Executive,” said Dela Rosa.
While admitting that government prosecutors are not duty-bound to gather evidence on PNP-CIDG’s behalf, Dela Rosa insisted that a simple notice would have been enough.
Informing CIDG chief Director Roel Obusan about the impending dismissal of the case would have been better, said Dela Rosa. Instead, they were surprised to learn that their complaint was junked.
“Have a conscience. You know that this is a big-time drug lord,” said Dela Rosa.
In a previous interview with reporters, Obusan said they only received a copy of the DOJ resolution dated Dec. 20, 2017 last Feb. 7.
According to Dela Rosa, President Duterte was so incensed that he punched a wall at Malacañang.
“Look at his hands, they’re swollen,” said Dela Rosa.
Dela Rosa hopes for a favorable result on the motion for reconsideration the CIDG has filed.
As this developed, Solicitor General Jose Calida yesterday said they would be representing the PNP-CIDG in its appeal before the DOJ to reconsider the earlier dismissal of drug charges.
Calida posted on Twitter, “As ‘Tribune of the People’ the Solicitor General may act or represent the people before any court, tribunal, body or commission in any matter, action or proceeding which, in his opinion, affects the welfare of the people.”
“Thus the (Office of the Solicitor General) will be taking up the cudgels for PNP-CIDG in seeking to overturn the dismissal of the charges against Kerwin Espinosa and Peter Lim,” added Calida.
Calida believed that the lone witness Marcelo Adorco’s testimony should be considered by the DOJ and not set aside by the prosecutors even if it was not corroborated.
“The statement of Adorco, Espinosa’s driver, is considered as direct evidence as he was an active participant and eyewitness in the commission of the crime,” he said.
“Uncorroborated testimony of a state witness may be sufficient when given in a straightforward manner, full of details, which could not have been a result of deliberate afterthought,” Calida added.
Calida also argued that determining the existence of probable cause “is not concerned with the question of whether the offense charged has been or is being committed in fact, but only whether the affiant has reasonable grounds for his belief.”
Meanwhile, Dela Rosa hit back at critics of the Duterte administration who branded the government’s war on illegal drugs as a farce.
“For those saying our war on drugs is just a moro-moro (farce), I’m angry at you. Moro-moro your face,” Dela Rosa said.
Dela Rosa reminded critics of the lives that have been lost since Duterte began his crackdown on illegal drugs.
“In the PNP 1,098 policemen have been killed and yet this is still moro-moro?” said Dela Rosa, adding that 4,000 suspected drug pushers and users have also died in what PNP claimed as legitimate encounters with the police. – Evelyn Macairan