SolGen backs appeal on drug raps vs Lim, et al.

CEBU, Philippines — Solicitor General Jose Calida says he will represent the Philippine National Police in its appeal to overturn the dismissal of drug raps against confessed drug trader Kerwin Espinosa, businessman Peter Lim, and others.

In a series of tweets, Calida said he will be "taking up the cudgels for the PNP-Criminal Investigation Detection Group" in the motion for reconsideration it filed on the alleged big-time drug personalities.

The PNP-CIDG said Wednesday it is confident that they can overturn the dismissal by a DOJ panel and indict the respondents on "drug sale, administration, dispensation, trading, delivery and transportation of illegal drugs" under Republic Act 9165, or the Comprehensive Dangerous Drugs Act.

Citing weak evidence, Assistant State Prosecutors Michael Humarang and Aristotle Reyes junked the complaints on December 20 last year.

They said that the inconsistencies in Marcelo Adorco's affidavits—that include dates and place of meeting with drug supplier, timeline of drug transactions, volume of drugs involved—are "material matters" of the case.

Calida, however, believes Adorco's statement is "sufficient" for indictment on the determination of probable cause, as the respondent-witness is an "active participant and eye-witness" in the crime.

"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," he said.

Justice Secretary Vitaliano Aguirre II also backed the resolution of the state prosecutors. On Wednesday, he said that the PNP-CIDG filed a weak complaint grounded only on Adorco's statements.

He added that the PNP-CIDG could have attached a transcript of Espinosa's "confession" at a Senate hearing to strengthen their case.

He said: "The National Prosecution Service only acts on evidence submitted to our state prosecutors."

Citing jurisprudence on the case of detained Sen. Leila De Lima, Calida also raised that it was already settled that indicting on probable cause on drug trading cases do not need determination of "corpus delicti" (facts and circumstances).

"The 'how much' and 'how many' is an irrelevant factor, and not even an element of the crime under Section 26(b) of RA 9165," he stressed. Calida did not mention the particulars of the case against Peter Lim, Peter Co and other respondents.

Former Solicitor General Florin Hilbay, legal counsel for De Lima, earlier pointed out that the drug case against Espinosa "should be taken in the context of De Lima."

Hilbay said on Tuesday: "The DOJ was able to use basic requirements of corpus delicti and the need for credible witnesses in their case, matters that were conveniently dropped by the DOJ in Sen. De Lima's case."

State prosecutors earlier charged De Lima for three counts of drug trading. De Lima is currently detained at the police headquarters in Quezon City but has yet to be arraigned on the cases against her.

State prosecutors, led by Senior Assistant State Prosecutor Peter Ong, later amended their charges against the senator to conspiracy in drug trading.