Leila’s case up for resolution sans her answer

MANILA, Philippines – After failing to submit her counter-affidavit, the five-member panel tasked to look into allegations that Sen. Leila de Lima received P8 million in protection money from drug dealer Kerwin Espinosa  submitted the case for resolution by the Department of Justice (DOJ) yesterday.

The National Bureau of Investigation (NBI) earlier probed De Lima, her former driver Ronnie Dayan and Espinosa on the alleged protection money supposedly used to help bankroll her senatorial bid in the May 2016 elections.

DOJ senior assistant state prosecutor Peter Ong, who headed the panel, said they had no choice but file the case for resolution after the senator, represented by lawyer Filibon Tacardon, failed to submit her counter-affidavit.

Ong added that they were even lenient and willing to wait until next Friday before Tacardon asked them to rule on the omnibus motion, which argued that the Office of the Ombudsman, not the DOJ, has jurisdiction over De Lima. 

He said the senator received a copy of the subpoena that was sent to her house.

Under the rules, they have 10 days to file their counter-affidavit. That period expired yesterday.

“I want to be lenient so give me your commitment. But you would not give me your commitment to submit your counter-affidavit. If you would not give your commitment, then the case is submitted for resolution,” said Ong during a talk with Tacardon.

As for Espinosa, Ong said the former drug trader already submitted his supplemental judicial affidavit that contains the information on the alleged drug money he gave to De Lima.

Espinosa has asked the panel to wait for the Senate to resume its investigation so the issue on immunity could be clarified.

Dayan received a copy of the summons but refused to attend the hearing, Ong added.

Espinosa, who is under NBI custody, said he was surprised to find his name included in the list of those who are to be prosecuted.

Senate President Aquilino Pimentel III believes that Espinosa is qualified for admission in the witness protection program (WPP), noting a condition that said a qualified candidate “should not be the most guilty” in the crime committed.

“At first I thought that Kerwin was the most guilty, hence he is disqualified from the WPP. However, his testimony states that he gets his supply from someone else with even bigger operations. So, it can be said that Kerwin is not the most guilty, hence he may be accepted into the program,” Pimentel said.

During Espinosa’s appearance at the Senate inquiry, several senators found inconsistencies in the statements he and Dayan made regarding their meetings.

Sen. Panfilo Lacson, who headed the inquiry, explained that Espinosa’s admission into the WPP does not guarantee his immunity from the charges lodged against him. – With Marvin Sy