MANILA, Philippines — Former Sen. Leila De Lima has filed a motion for reconsideration before a Muntinlupa court on its decision to deny her bail on the last of her drug cases.
In a filing before Muntinlupa Regional Trial Court Branch 256, De Lima said through counsel that the court had "committed grave but reversible errors" in its June 7 decision to reject her petition for bail.
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The court had denied De Lima bail, saying the prosecution had presented strong evidence against her.
De Lima said the court had only considered the testimonies of prosecution witnesses and not the cross-examinations and arguments raised by her defense team.
"It must be emphasized that at this point of the trial, almost a dozen witnesses were already presented by the Prosecution and cross-examined by all the accused," her lawyers said.
"For this reason, the evidence of the Prosecution in relation to the cross-examination conducted by the accused can no longer be categorized as merely prima facie, the term
itself being literally translated as 'on its face', i.e., devoid of any other evidence other than what would be uncontested assertions that remain unrebutted," De Lima's motion also read as it cited the court's use of "prima facie" in its decision to deny bail.
De Lima said the court had relied only on testimony from prosecution witnesses "is unprecedented, unfounded, and almost brazen."
"At this point of the trial, the Honorable Court is no longer a passive observer, but it already assumes the role of a discerning arbiter of the law and dispenser of justice. As such, in its exercise of judicial discretion in the granting or denial of bail, it should be guided in its appreciation of evidence as it would in arriving at its final judgment," De Lima also said.
RELATED: Muntinlupa court acquits De Lima in 2nd drug case
Bail denial
In this specific case, de Lima faces the same conspiracy to commit drug trading charge along with six others.
The court resolved the bail petition filed by de Lima and co-accused Joenel Sanchez, Franklin Bucayu, Ronnie Dayan and Jad Dera.
De Lima had argued before the court that the "prosecution failed to show proof evident of the conspiracy to commit illegal drug trading between her and her co-accused."
In weighing the petitions for bail, the court noted that the accused are facing a non-bailable case which leaves to the prosecution the burden to prove strong presumption of their guilt. Since the prosecution’s evidence is mostly testimonies, the weight will depend on the credibility and the witness’ competence, bias and manner of testifying, the court said.
"Considering the foregoing and after a careful review of the totality of prosecution’s evidence, the Court is convinced that the evidence of guilt against all the above-named accused for the crime of conspiracy to commit illegal drug trading is strong," the June 7 ruling read.