De Lima seeks grant of provisional liberty in third drug case
MANILA, Philippines — Sen. Leila De Lima has moved for bail in the third drug case against her, challenging the prosecution's evidence as inadmissible and insufficient.
With this latest pleading, De Lima has filed separate motions for bail in all three drug cases filed against her. She has also sought the dismissal of the disobedience to summons case pending before a Quezon City court.
In a 61-page Motion for Bail Ad Cautelam ("with caution", or "for safety") filed on Monday, De Lima’s lawyers asked the Muntinlupa Regional Trial Court Branch 256 to declare De Lima as entitled to bail, asserting that the evidence against her is not strong.
As with previously filed motions for bail in other Muntinlupa courts, De Lima’s legal team also said the prosecution failed to provide evidence linking her to conspiracy to commit illegal drug trading—the charge she is facing.
The defense lawyers pointed out that the proceedings on the case, despite the powers of the State, have been “terribly slow and the nexus between the evidence and the involvement of Accused De Lima to the alleged drug trading remains missing.”
“Considering these undeniable facts, there is a need to balance the right of the State to limit the liberty of those charged of committing a crime, with the constitutional right of the accused to be presumed innocent until proven otherwise,” they said.
'No evidence presented'
They told the court that prosecution evidence “are mostly inadmissible, incredible, contradictory and insufficient to prove the inculpatory allegations” linking the senator to the drug trade in the New Bilibid Prison.
De Lima’s co-accused in this case are former Bureau of Corrections chief Franklin Bucayu; alleged bagmen Wilfredo Elli and Jad Dera; De Lima’s aides Ronnie Dayan and Joenel Sanchez; and inmate Jaybee Sebastian who died due to COVID in July.
“With the failure of the Prosecution to provide sufficient evidence, let alone strong evidence, and in view of other fact-based conclusions that may be drawn, it behooves this Honorable Court to allow De Lima to post bail as a matter of right,” the motion read.
Her lawyer asserted that the prosecution failed to show evidence of the supposed conspiracy between De Lima and her co-accused and in alleging specific actions of the senator as part of the conspiracy.
They also pointed out that testimonies point that the convicts gave money to De Lima for her senatorial campaign, but “cannot be said to be in any way related to the crime of drug trading.”
“Prosecution would want the Honorable Court to believe that this case falls under the ambit of Republic Act 9165 simply on mere surmises and conjectures, without proving the existence of a single gram of prohibited drug in relation to the case,” they said.
The lawyers also said the prosecution “does not intend to offer, as object evidence, any drugs recovered as part of such alleged drug trading in the NBP.”
Witnesses’ testimony
They also noted that witness Reynante Diaz’s testimonies had discrepancies, such as how he confirmed De Lima received the money, how many times he heard a voice supposedly of the senator’s and when he heard it.
Other witnesses such as former inmate Jerry Valeroso gave incredible testimony, while convict Nonilo Arile, they noted, is convicted of a crime involving moral turpitude, which supposedly makes his moral compass doubtful.
The lawyers also said Arile’s testimony “seems to be overly rehearsed.”
They also cited part of the hearing held on Sept. 11, 2018 where retired General Benjamin Magalong, former chief of the police’s Criminal Investigation and Detection Group when De Lima sat as DOJ chief, said the raid in Bilibid was successful.
Magalong also said it was not illegal for a raid to be conducted with the CIDG
They also added that De Lima is not a flight risk.
“This Honorable Court is respectfully urged to dispense justice by protecting Accused De Lima’s right to be presumed innocent, especially in the face of weak evidence, presented by the prosecution,” they said.
RELATED: DOJ asks to cite De Lima, lawyer in contempt for public statements on trial
The lawyers stressed that the case against De Lima “will not just be a test case on the resolve of the country’s criminal justice system to protect the innocent,” but its records will be scrutinized by generations of Filipinos and the community of nations.
“[S]o is the Honorable Court being urged as early as now to do the right thing: set an innocent free,” they said.
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