Justice Secretary Vitaliano Aguirre 2nd on Thursday recalled all the “midnight” resolutions issued by former acting Justice Secretary Emmanuel Caparas from May 1 to June 30, 2016.
Aguirre, in his Department Order No. 524 dated August 3, ordered Prosecutor General Claro Arellano, all senior deputy state prosecutors, senior assistant state prosecutors, assistant state prosecutors, prosecution attorneys and all regional, provincial, city prosecutors and their deputies, senior assistants and assistant prosecutors to ensure the deferment of the implementation and execution of resolutions on motions for reconsideration promulgated by Caparas, including those issued a month before he stepped down from office.
“In the interest of public service and pursuant to the provisions of existing laws [the said prosecutors]are hereby directed to defer the implementation and/or execution of all resolutions issued by then Secretary of Justice Emmanuel L. Caparas from May 1, 2016 to June 30, 2016 with respect to motions for reconsiderations of resolutions issued on petitions for review pursuant to Section 13 of Department Circular No. 70 (2000 National Prosecution Service Rule on Appeal), if a motion for reconsideration has been filed by the party or parties aggrieved by said resolutions issued by Secretary Caparas,” the Justice chief said in his directive.
Aguirre also directed prosecutors to move for the suspension of proceedings in court if any of Caparas’ resolutions has been elevated in court.
Earlier, businessman and newly elected 1-Pacman Party-list Rep. Michael Romero asked that a resolution issued by Caparas ordering his and two others’ indictment for qualified theft for issuing corporate checks worth P9 million not be implemented.
The resolution, dated June 13, 2016, reversed the June 18, 2015 resolution issued by Quezon City Assistant State Prosecutor Susan Dacanay dismissing the complaint against Romero.