Jorge Catalan Jr.
Two Department of Justice (DOJ) prosecutors on Thursday denied any wrongdoing in dismissing criminal charges filed by the police against alleged narcotics boss Peter Lim, confessed drug dealer Kerwin Espinosa, convicted drug lord Peter Co and several others.
Assistant State Prosecutors Michael John Humarang, in a statement, and Aristotle Reyes, in a phone interview with reporters, said they dismissed the complaint because the sworn statements given by the only witness presented by the Philippine National Police Criminal Investigation and Detection Group (CIDG) were 鈥渋nconsistent, hearsay and unsubstantiated.鈥�
The prosecutors also said聽 the CIDG did not submit Espinosa鈥檚 admission in the Senate that he was a drug dealer.
The CIDG had charged Espinosa, Lim, Co, Max Miro, Ruel Malindangan, Jun Pepito and Lovely Adam Impal and several people known only by their aliases, with the sale, dispensation, trading, delivery and transportation of illegal drugs.
In a resolution dated Jan. 18, 2018, but was not announced, the prosecutors dismissed the complaint due to weak evidence.
The recommendation of Humarang and Reyes to dismiss the case was reviewed and approved by Prosecutor General Jorge Catalan Jr. and Senior Assistant State Prosecutor Rex Gingoyon.
Reporters discovered the resolution on Monday, leading to its publication and condemnation by lawmakers.
Due to the flak, including from Malaca帽ang, Justice Secretary Vitaliano Aguirre II ordered the National Bureau of Investigation to investigate the prosecutors and formed a new panel to handle the CIDG鈥檚 appeal.
鈥淲e welcome the reinvestigation of the case. We stand ready to face the probe. Our conscience is clear,鈥� Humarang said.
鈥淚t will be seen that the complainant (CIDG) did not present sufficient evidence but instead relied only on the testimony of its sole witness,鈥� he added, referring to Marcelo Adorco, Espinosa鈥檚 alleged driver and coconspirator.
Reyes, now a regional trial court judge in Lucena City, said聽 the investigation would give the prosecutors the opportunity to clear their names.
鈥淲e resolved the case based [on] evidence and the applicable law. There were no other considerations,鈥� he said.
Reyes said Adorco submitted three sworn statements that were inconsistent. 鈥淪ince the statement of the witness is inconsistent, his credibility and the veracity of the story is affected,鈥� he said.
Going by one sworn statement, Reyes said Adorco apparently had no personal knowledge of the drug deal since he claimed to have only overheard a phone conversation between Espinosa and a drug supplier.
Reyes said it was the CIDG鈥檚 job to submit to the panel Espinosa鈥檚 admission in the Senate, stressing that prosecutors cannot act as lawyer for either side.
鈥淭he CIDG said Kerwin recanted his statement. There is nothing mentioned about that in the evidence. The evidence says Kerwin denied the allegations. We are not the one who should find the evidence for the CIDG and we are not the one who must get it from the CIDG,鈥� Reyes said.