DOJ chief: PNP must be guided by lawyers
Department of Justice (DOJ) Secretary Vitaliano Aguirre II believes that the drug charges against suspected drug distributor Kerwin Espinosa and drug dealers Peter Lim and Peter Co would not have been dismissed if during the investigation of the Philippine National Police (PNP), there were lawyers or prosecutors who advised them on how they could build an airtight case.
In a recent radio interview, Aguirre said the DOJ two-man prosecution team dismissed the charges because the PNPCriminal Investigation and Detection Group (CIDG) filed a weak complaint, anchored on the testimony of their lone witness Marcelo Adorco, which the panel described as “inconsistent” and “uncorroborated.”
The DOJ secretary said the PNP-CIDG might have better chances of their case being filed in court if they submitted the transcript of the stenographic notes from the Senate inquiry where Espinosa admitted to be involved in the illegal drug trade.
“This controversy (would have been avoided) if there were prosecutors present. The police are not lawyers but if they were assisted by prosecutors or lawyers, they could be told what is lacking in their investigation. It is difficult to prove Kerwin’s participation, so why did they not ask for a transcript of the stenographic notes?” said Aguirre.
Aguirre added that if the PNP-CIDG filed a defective case before the court, it would be dismissed and would never be filed again because of the principle of double jeopardy.
For their part, judges said PNP chief Director General Ronald dela Rosa seemed to be “unaware” of the criminal justice system when he said the prosecutors of DOJ should have informed them of the weak evidence against Espinosa.
Interviewed by The STAR, the judges said law enforcement and prosecution are two different pillars of the criminal justice system, so they must function separately.
“When the prosecutor reviews the complaint filed by the police against a respondent, the prosecutor acts as an independent tribunal. It must not help the complainant win its case,” a judge told
The STAR on condition of anonymity.
Another judge echoed this opinion, saying the PNP chief should not blame the DOJ for the outcome of the illegal drug case against Espinosa.
“They should not blame the DOJ. The prosecutor cannot tell the PNP that its evidence is weak during the preliminary investigation. The prosecutors would be biased,” the judge told The STAR, also requesting anonymity.
The judge was confused by Dela Rosa’s statement that the DOJ should have acted when it found that the evidence filed by the PNP-CIDG was weak.
“Make up evidence? What the prosecutors do is pose clarificatory questions. At this point, the complainant should have realized that the evidence is lacking. Then they should have submitted a supplemental affidavit,” the judge added.
He noted that the police and prosecution can only work together during the actual trial of cases in court.
The judges noted that the set up of criminal investigation in the country is different from that of the US, where the police and district attorneys work together closely.
Although the investigating panel could not directly ask the police to strengthen their case, another judge said the DOJ task force or interagency council could have coordinated “behind the scenes.”