MANILA, Philippines — The Department of Justice (DOJ) on Thursday raised its concern over the transfer of the 11 inmate-witnesses on the last drug case of former Sen. Leila De Lima.
In a statement, the DOJ said that while it acknowledges the decision of the Muntinlupa Regional Trial Court (RTC) Branch 206 on the transfer of the inmate-witnesses, it does not endorse rewarding of PDLs for recanting testimonies.
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The DOJ said that recanting is “viewed unfavorably” by the legal system for it raised questions about the credibility and reliability of witness testimonies.
“Rewarding PDLs for their recantation will set a dangerous precedent,” the DOJ said in a statement.
On December 13, the Muntinlupa RTC approved the transfer of the 11 inmate-witnesses on De Lima’s drug case from the Sablayan Prison Camp to the New Bilibid Prison (NBP) in Muntinlupa City.
Seven of these witnesses who withdrew their testimonies wrote a letter to De Lima asking for her forgiveness and with a request to transfer to a jail facility, saying that they faced “unimaginable threats.” The said letter was included in De Lima’s motion on November 17.
The other four witnesses, including Rodolfo Magleo and Nonilo Arile who recanted last October, were asked by the prosecution to be transferred to the NBP for a “smooth and easy access.”
The Justice Department also highlighted this in their statement, saying that there are alternatives for the access of the inmate-witnesses.
“The availability of video hearings offers a feasible alternative for addressing security and logistical challenges, ensuring that justice is served without compromising established procedures or security,” the DOJ said in a statement.
Most of the 11 inmate-witnesses were convicted of heinous crimes which was also pointed out by the DOJ.
This was also cited by former Supreme Court Senior Associate Justice Antonio Carpio on November 15, saying that using convicted felons as witnesses is not a strong evidence.
In a press briefing, DOJ spokesman Assistant Secretary Mico Clavano said that the justice department is looking into the legal steps for the 11 inmate-witnesses so that they could stay in the Sablayan Prison camp.
“We are still looking at our legal remedies para makapag stay yung 11 sa Sablayan,” Clavano said in a Zoom press briefing with reporters.
(We are still looking at our legal remedies to allow the 11 to stay in Sablayan.)
On November 26, the Court of Appeals reversed the Ombudsman’s dismissal of De Lima’s complaints against former justice secretaries Vitaliano Aguirre and Menardo Guevarra over the use of convicted criminals as state witnesses in her drug cases.
The appellate court said that the Ombudsman had committed grave abuse of discretion when it dismissed the complaints based on “inapplicable exemptions.”
De Lima, who has been in detention since February 2017 due to her alleged involvement in the illegal drug trade, was granted temporary liberty on November 13 after the Muntinlupa RTC allowed the former senator to post bail.
The former senator and justice secretary was acquitted on the two out of her three drug charges. — with reports from Daphne Galvez