Citing recantation, minority senators urge DOJ to drop cases vs De Lima
MANILA, Philippines (Updated 3:43 p.m.) — Minority Senators Risa Hontiveros and Koko Pimentel called on the Department of Justice to drop the charges against former lawmaker Leila De Lima and free her from from her “unjust and arbitrary detention.”
The two member-minority block filed Senate Resolution 27 on July 14 calling for the release of De Lima “in light of the recent recantations given by key witnesses in her drug cases.”
A copy of the resolution was made public only on Tuesday.
“Recent developments have only further strengthened Senator de Lima’s claim to innocence,” they said.
The senators noted that in April, confessed drug trader Kerwin Espinosa retracted his allegations connecting De Lima to the illegal narcotics trade inside the New Bilibid Prison.
This was followed by recantation of government key witness Rafael Ragos, a former executive of the Bureau of Corrections, where he claimed then-Justice Secretary Vitaliano Aguirre II “coerced” him to testify against De Lima.
Nearly two weeks later, De Lima’s former aide and co-accused Ronnie Dayan walked back on his statement and said there was no money delivered to him.
DOJ review
But despite the recantations, then-Justice Secretary Menardo Guevarra — currently solicitor general — said they department was advised to continue proceedings against De Lima.
“The panel of prosecutors in the De lima cases has advised the justice secretary that, after a thorough review of the evidence already presented as well as evidence still to be presented, there is good reason to continue the active prosecution of the senator,” Guevarra said on June 14.
“In any event, the final say on the disposition of the cases rests on the judge alone and no other,” he continued.
But the senators pointed out that the series of recantions show that “it is becoming increasingly apparent that Senator De Lima’s arrest and continued unjust detention was nothing more than a carefully orchestrated ploy to silence an outspoken critic and passionate human rights advocate.”
“The DOJ, under its current leadership, should seriously consider these retractions and immediately withdraw all pending drug charges against Senator De Lima and move for her release from detention,” they said.
This would make the DOJ “[redeem] itself to the Filipino people and [prove] that its institutional integrity remains intact by standing up for truth, justice and the rule of law.”
“Every day that justice is not served amounts to a mockery of the whole justice system. It is thus incumbent upon the Senate to call on its co-equal branches of the government to be true to their mandates of ensuring that justice is served without passion or prejudice, and always with fairness,” they added.
DOJ: Matter for the court
Justice Secretary Jesus Crispin Remulla earlier said he is open to reviewing the cases against De Lima, noting the recantations as a “cause of concern.”
But reacting to the resolution of the two senators, the justice chief asserted that the matter is already within the jurisdiction of the Muntinlupa trial court.
“Based on records, Ragos has not been presented by the defense as a witness before the Muntinlupa Court. Hence, the Department will rely on the sound discretion of the appreciation of this alleged evidence,” the statement from the Office of the Justice Secretary read.
More than five years since her detention, De Lima has been acquitted in one case and has moved for the dismissal of another case pending before the Muntinlupa Regional Trial Court Branch 204 where Ragos — who recanted — is a key witness.
In moving for the dismissal of the case, De Lima’s lawyers brought to the court Ragos’ affidavit dated April 30, where he declared that there is no truth to his testimony that he delivered monies to former senator or her aide Dayan in whatever amount.
“With the execution of this 30 April 2022 affidavit of [Ragos] admitting that his testimony against Accused De Lima were all false, and categorically stating that there was never any delivery of money to the Accused, there stands zero evidence against Accused De Lima, and much less any ‘strong one,’” she told the court.
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