Peter Lim runs to Supreme Court

Seeks TRO vs DOJ reinvestigation on drug raps

MANILA, Philippines — Cebu-based businessman Peter Lim has asked the Supreme Court (SC) to stop the Department of Justice (DOJ) from reinvestigating the drug charges against him.

In a 48-page petition obtained by The STAR, Lim sought the issuance of a temporary restraining order enjoining the DOJ from proceeding with the reinvestigation on charges of sale, administration, dispensation, trading, delivery and transportation of illegal drugs under Republic Act 9165 or the Comprehensive Dangerous Drugs Act.

Lim said these same charges were dismissed by a panel of DOJ prosecutors in December last year.

The businessman asked the high court to nullify the order issued by resigned justice secretary Vitaliano Aguirre II, which effectively voided the resolution that dismissed the charges against him for lack of probable cause.

Last March, Aguirre ordered a new panel of DOJ prosecutors to look into the drug charges against Lim.

The complaints against Lim were filed by the Philippine National Police Criminal Investigation and Detection Group.

The petitioner alleged that the DOJ violated his rights to life, liberty, due process of law and to speedy disposition of case.

Lim accused the DOJ of committing grave abuse of discretion for nullifying the resolution of the first panel of prosecutors, who received public outrage.

In going straight to the SC instead of filing the petition before the Court of Appeals, Lim said his case is an exemption to the rule on hierarchy of courts because he raised a constitutional issue.

Lim filed the petition after the DOJ waived his right to answer the complaints due to his failure to appear in hearings over supposed threats to his life.

Named respondents were Justice Secretary Menardo Guevarra and members of the second panel of prosecutors chaired by Senior Assistant State Prosecutor Juan Pedro Navera.

In its first resolution, the DOJ junked the charges against Lim and other respondents – confessed drug lord Kerwin Espinosa, Peter Co, Max Miro, Ruel Malindangan, Jun Pepito and Lovely Adam Impal – for lack of probable cause.

The first panel rejected the testimony of respondent-turned-witness Marcelo Adorco, who tagged Lim as the alleged supplier of illegal drugs to Espinosa.