Justice Secretary Vitaliano Aguirre II directed the National Bureau of Investigation (NBI) on Wednesday to investigate the prosecutors, who dismissed the drug case against Cebu-businessman Peter Lim, self-confessed drug distributor Kerwin Espinosa, and several others.
In his Department Order, Aguirre instructed the NBI to also do a case build-up to see if the members of the National Prosecution Service (NPS) committed possible misfeasance, malfeasance or non-feasance or other violations of law in the dismissal of the drug complaint filed by the Philippine National Police (PNP) against suspected drug personalities.
Under the Revised Penal Code, malfeasance is doing an act prohibited by law or doing an act ought not to be done while misfeasance is the improper or irregular performance of an act, and nonfeasance is the non-performance, failure or refusal to do an act which a public servant or person is required to do.
“In the interest of the service…the NBI, through Director Dante A. Gierran, is hereby directed and granted authority to conduct investigation and case build-up to determine possible misfeasance, malfeasance or non-feasance or other violations of law by members of the panel of the NPS over the dismissal of the case entitled: ‘PNP-CIDG-MCIU vs. Peter Lim, Kerwin Espinosa et al’ and if evidence so warrants, to file appropriate charges thereon,” Aguirre’s order stated.
DOJ Secretary Vitaliano Aguirre II’s order for the National Bureau of Investigation to investigate state prosecutors
In a resolution dated December 20, 2017, Assistant State Prosecutors Michael John M. Humarang and Aristotle M. Reyes recommended the dismissal of the case against Lim, Espinosa, convicted drug lord Peter Co, Marcelo L. Adorco, Max Miro, Lovely Impal, Ruel Malindagan, Jun Pepito, and several others known only by their aliases.
The prosecutors said the police heavily relied on Adorco’s testimony, which were inconsistent based on his three affidavits. They likewise said the police failed to submit additional evidence to corroborate or support the claims of Adorco.
READ: How the landmark drug case was ‘lost’
Recommending approval of the resolution is Senior Assistant State Prosecutor Rassendell Rex F. Gingoyon, Chairman of the Anti-Organized Crimes Division. The controversial resolution was approved by acting Prosecutor General Jorge G. Catalan. /kga