"The Honorable Department of Justice does not have jurisdiction to reopen the investigation," Albayalde said in his 35-page counter-affidavit submitted to the DOJ on Tuesday, November 5.the reopening of the case through Department Order No. 528 signed October 7, citing the 2000 National Prosecution Service Rules on Appeals"which authorizes the Secretary of Justice to order the conduct of a reinvestigation of cases whenever deemed necessary.
In October 2014, Assistant State Prosecutor Xerxes Garcia dismissed the complaint. In 2017, Senior Deputy State Prosecutor Amor Robles and Acting Prosecutor General Jorge Catalan affirmed the dismissal, afterwhich it went to the Secretary of Justice for automatic review, which is pursuant to rules.
Guevarra has not yet responded to Rappler's question whether the required motions were filed when he ordered the reinvestigation.Police Major Rodney Baloyo IV, said that the case should be"dismissed outright" because it has already been dismissed twice, in 2014 and 2017. "I see no plausible and logical reason for the unprocedural and unexpected resurrection of the present case other than the political pressure and widely publicized clamor for its revival," said Baloyo.
Alleged drug lord Peter Lim complained of the same when former justice secretary Vitaliano Aguirre II ordered a reinvestigation even after prosecutors cleared him of the charges. The Supreme CourtAlbayalde was dragged to the complaint which did not initially include him because of explosive testimonies at the Senate by drug chief Aaron Aquino and formerAquino said Albayalde called him not to implement the dismissal orders against the members of the buy-bust team.
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