DoJ upholds reinstatement of charges vs. high profile drug personalities

The Department of Justice (DoJ) on Friday, April 27, upheld its decision to reinstate the dismissed drug charges against several high profile drug personalities, according to a resolution released by the agency.
Justice Secretary Menardo I. Guevarra in his four-page resolution justified the agency’s decision to vacate and remand the dismissal of their charges to a new panel of prosecutors saying, “if an order to reopen a preliminary investigation is a valid exercise of the broad powers of the Secretary of Justice to prevent a probable miscarriage of justice, so is an order vacating a resolution and directing the continuation of a preliminary investigation.”
Mr. Lim and his co-accused were charged by the Philippine National Police’s (PNP) Criminal Investigation and Detection Group (CIDG) with violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Assistant State Prosecutors Michael John H. Humarang and Aristotle M. Reyes dismissed the charges in a resolution dated December 20, last year but former Justice Secretary Vitaliano N. Aguirre II remanded the case to a new panel composed of Senior Assistant State Prosecutor Juan Pedro C. Navera, Assistant State Prosecutor Anna Noreen T. Devanadera, and Prosecution Attorney Herbert Calvin D. Abugan to allow parties to submit additional evidence to support them.
Mr. Lim responded by submitting a motion for reconsideration urging the DoJ to uphold the dismissal, arguing that the reinstatement of the drug charges and the creation of a new investigation was a violation of his rights to due process and to speedy disposition of the case.
The resolution, however, said, “(Mr. Lim) has failed to show any violation of his due process rights, much less his right to a speedy disposition of his case.”
“On the other hand, setting aside the challenged Order will deny complainant its right to adduce all available evidence within its reach and may result in a seriously miscarriage of justice,” it read further.
The CIDG is due to submit their additional evidence to the DoJ on April 30. — Dane M. Enerio