MANILA, Philippines — A YouTube video is claiming that the Department of Justice blocked the release of former Sen. Leila De Lima after the Office of the Ombudsman dropped bribery complaints against her.
CLAIM: YouTube channel Banat News TV, which has been flagged repeatedly for posting false and misleading news, posted a video on August 14 with a title: “JUST IN : HALA! PBBM DOJ REMULLA HINARANG PAGLAYA NI DE LIMA MATAPOS BINASURA ng OMBUDSMAN RISA NAGULAT”
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RATING: This is false.
FACTS:
What did the post say?
The entire video seemed like a compilation of news clippings starting with the confusion and subsequent issue surrounding a sugar importation order that was later revoked by the Palace.
It was followed by a news report on the Department of Justice reiterating that the dropping of drug charges against De Lima is up to the courts. She is still facing two drug cases, while she has been acquitted in one.
The Office of the Ombudsman last week cleared De Lima and her former aide Ronnie Dayan of bribery raps filed by its own special investigation team.
The news report, seemingly lifted from a media source but not credited, only quoted Department of Justice officials and gave context on Justice Secretary Jesus Crispin "Boyong" Remulla’s response that they are leaving it up to the courts.
It also quoted lawyer Mico Clavano, from the Office of the Justice Secretary, as saying in Filipino that the prosecution has finished presenting evidence in the drug case and it is now up to De Lima to present her defense.
However, the title of the video made it seem like DOJ moved to bar De Lima’s release even thought there is no order for her release.
What it left out
The DOJ has stood firm that it will not withdraw the remaining two drug cases against De Lima and will instead leave it up to the Muntinlupa courts to decide on their merits.
Atty. Mico Clavano from the Office of Justice Secretary Boying Remulla says PG Benedicto Malcontento wrote a memo that they are consistent with the OMB reso on testimony of Kerwin Espinosa that there is no corrobarting evidence of P8M given to ex-Sen. Leila de Lima. @PhilstarNews pic.twitter.com/aUbJqWPA9U
— Kristine Patag (@kristinepatag) August 11, 2022
The Ombudsman dismissed a bribery rap against De Lima after inconsistent testimonies from government witnesses led to a finding of lack of probable cause.
On Sunday, Clavano also explained in Filipino: “Bribery and drug trade have different elements. There are different evidence to prove bribery and drug trade.”
The drug case De Lima is facing is non-bailable, and while she has previously moved for temporary freedom, the court junked her motion for bail. She continues to stand in trial for two cases, although she moved for the dismissal of the second case in May.
Essential context
Calls for the release of De Lima started mounting after three personalities linked to the drug cases against her — including government star witness Rafael Ragos, former Bureau of Corrections chief — recanted their testimonies.
The calls gained traction again after the Ombudsman dismissed the bribery raps due to the inconsistencies of testimonies of witnesses, including confessed drug trader Espinosa.
Espinosa is one of the three personalities who retracted his allegations against De Lima.
Following the Ombudsman dismissal, two resolutions have been filed before the Senate and the House calling for the withdrawal of cases against De Lima.
Why it matters
The video already gained 134,071 views merely a day from its posting. It has 2,700 likes and 405 comments.
We fact checked this because neither the DOJ nor President Ferdinand "Bongbong" Marcos Jr. made any moves to block her release. The government only reiterated its prior stand that it is leaving it up to the courts to decide on the merits of the prosecution’s drug case against the senator.
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