DOJ restores Kerwin drug case; Peter Lim unresolved

MANILA, Philippines — The Department of Justice (DOJ) has restored the drug charges filed by the Philippine National Police (PNP) against self-confessed drug dealer Kerwin Espinosa and three others.

Reversing its earlier controversial resolution dismissing the complaint of the PNP Criminal Investigation and Detection Group (CIDG), the DOJ approved the indictment of Espinosa, convicted drug lord Peter Co, Lovely Impal and Ruel Malindangan for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act, citing a conspiracy to engage in  illegal drug trade.

The case will be filed against them before the Makati City regional trial court today. 

The DOJ, however, has not yet resolved the drug charges filed by the CIDG against Cebuano businessman Peter Lim after the panel granted his plea for a separate preliminary investigation.

In its resolution released yesterday after preliminary reinvestigation conducted by a panel chaired by Senior Assistant State Prosecutor Juan Pedro Navera, the DOJ found probable cause in the charges of violation of Section 26 (B) in relation to Section 5 or Article II of RA 9165 against all four respondents.

The investigating panel based its findings on the testimony of state witness Marcelo Adorco, who confessed participation in the illegal drug trade and tagged Espinosa, Co, Impal and Malindangan as his cohorts.

The DOJ stressed that contrary to the defense of Espinosa, who is already facing other drug cases before the Manila RTC, the confiscation or presence of the illegal drugs was not necessary to establish the criminal liability of respondents.

It explained that under RA 9165, conspiracy to commit illegal drug trade is an offense distinct from drug trading per se.

The panel further cited as basis the confession of Espinosa during earlier Senate inquiry that he was involved in drug trade in Regions 7 and 8.

The DOJ cleared three other respondents in the case – Max Miro, Nestor “Jun” Pepito and Rowen Reyes Secretaria – due to their recent deaths.

The DOJ dismissed late last year the charges of sale, administration, dispensation, trading, delivery and transport of illegal drugs against the respondents. 

The previous panel composed of Assistant State Prosecutors Michael John Humarang and Aristotle Reyes dismissed the charges and faulted the PNP-CIDG for presenting weak evidence and the “inconsistencies” in the testimony of Adorco.

The dismissal of the charges against Lim and Espinosa triggered an outrage that also vexed President Duterte.

Malacañang yesterday welcomed the DOJ’s decision to indict the suspected drug lords.

“The Palace is very pleased that the wheels of justice are turning to hold them accountable,” presidential spokesman Harry Roque said.

PNP chief Director General Oscar Albayade also hailed the DOJ panel for taking another look at the evidence submitted by the CIDG against Espinosa.

“I am glad the DOJ found merit in the case filed by the CIDG,” he said.

Albayalde maintained the PNP has “damning” evidence against Espinosa linking him to the drug trade.

The DOJ reopened the case and conducted a reinvestigation upon order of resigned secretary Vitaliano Aguirre II.

Additional pieces of evidence were then submitted by the CIDG, through the assistance of the Office of the Solicitor General. Among them is a new affidavit of Adorco further detailing the alleged meeting between Lim and Espinosa in Thailand in 2015 where they closed a drug deal.

The police also submitted records from the Bureau of Immigration (BI) to support Adorco’s claim.

The CIDG presented to the panel of prosecutors the transcripts of the 2016 Senate hearings on the investigation of the killing of Espinosa’s father, Albuera, Leyte mayor Rolando Espinosa Sr. where he confessed his role in the illegal drug trade as well as the 2002 House of Representatives committee on dangerous drugs report over the inquiry on the drug activities of Lim and his brother Wellington.

Lastly, they submitted a certified true copy of the “blue book” of a certain Bebeth Rebecca Diano that allegedly listed those on Espinosa’s payroll.

In his answer, Lim vehemently denied the drug charges as “baseless and nonsensical.”

Lim said he was never involved in illegal drug trade in Central Visayas as alleged by the PNP and never met Adorco or Espinosa and other respondents tagged in the illegal drug trade.

The businessman also denied that he was the alias Jaguar in the government’s narco list, recalling that he even presented himself before the National Bureau of Investigation earlier. –Alexis Romero, Emmanuel Tupas