Ex-DOJ chief’s resolutions, rulings put on hold
Justice Secretary Vitaliano Aguirre II has ordered the deferment of implementation and execution of resolutions on motions for reconsiderations issued from May 1 to June 30, 2016 following allegations of “midnight resolution” against former Justice Secretary Emmanuel Caparas.
The order was contained in Department Order 524 dated Aug. 3, 2016 addressed to the Prosecutor General, all senior deputy state prosecutors, senior assistant state prosecutors, assistant state prosecutors, prosecution attorneys and all regional, provincial, city prosecutors and their deputies, senior assistants and assistant prosecutors.
“In the interest of public service and pursuant to the provisions of existing laws [the said prosecutors] are hereby directed to defer the implementation and/or execution of all resolutions issued by then Secretary of Justice Emmanuel L. Caparas from May 1, 2016 to June 30, 2016 with respect to motions for reconsiderations of resolutions issued on petitions for review pursuant to Section 13 of Department Circular No. 70 (2000 National Prosecution Service Rule on Appeal), if a motion for reconsideration has been filed by the party or parties aggrieved by paid resolutions issued by Secretary Caparas,” stated Aguirre’s DO, a copy of which was obtained by INQUIRER.net.
Aside from deferring its implementation, Aguirre also ordered prosecutors to file a motion to suspend proceedings in court if any of Caparas’ resolution has been filed in court.
“The OSEC Docket Section is hereby directed to immediately turn-over all case records with motions for reconsideration filed by the party or parties aggrieved by the resolutions issued by Caparas to the Office of the Secretary,” the DO further stated.
The order was issued following allegations raised by anti-corruption watchdog, Filipino Alliance for Transparency and Empowerment (FATE), about the alleged “midnight of resolutions and decisions” by Caparas.
The group said they received information that Caparas allegedly instructed his subordinates – undersecretaries and state prosecutors – to stop issuing resolutions by June 3.
FATE spokesperson Jo Perez said the “re-written rulings” were being “antedated” and being sold for “millions of pesos” to parties in the case, adding that the resolutions are being sold from P5 million to P10 million and P20 million for big cases.
Caparas has already denied the allegations, saying he has done his work professionally in pursuance of the mandate of the Justice department.
“If this group wishes to put substance in their allegation, please let’s be fair about it. Ako, I’m a very fair person humaharap ako sa tao kung gusto nilang makipag-usap. Ngayon, may sinasabing hindi maganda humarap kayo, humarap kayo sa akin. Show me what you are talking about,” Caparas said.
In earlier statement, he said he would welcome an investigation.
