THE Regional Trial Court (RTC) of Muntinlupa City Branch 204 yesterday acquitted former senator Leila de Lima of the conspiracy to commit illegal drug trading inside the New Bilibid Prison (NBP) in Muntinlupa City on the ground of “reasonable doubt.”
The acquittal leaves de Lima with one remaining drug case before the Muntinlupa RTC Branch 256, which earlier deferred its ruling on the latter’s petition for bail.
Also acquitted by the court is de Lima’s co-accused bodyguard Ronnie Dayan, who is also a co-accused in the remaining drug cse.
De Lima was immediately brought back to her detention cell at the Philippine National Police (PNP)- Custodial Center following the promulgation.
“Glorious day, beginning of my vindication,” De Lima told reporters while she was being whisked away from the courtroom back to the PNP detention facility.
“I have no doubt from the very beginning that I will be acquitted in all cases the Duterte regime has fabricated against me based on the merits and the strength of my innocence,” she said in a separate statement.
De Lima also asked her supporters to continue praying for her while she is still awaiting the result of her petition for bail in the third and remaining drug case.
“Humihingi pa rin po ako ng maraming dasal para sa isa pang kaso (I am asking you for more prayers for my other case),” the former senator said.
It can be recalled that there were three drug cases filed against de Lima during the term of her political nemesis, former President Rodrigo Duterte, which she maintained were all fabricated.
In 2021, the Muntinlupa RTC Branch 205 dismissed the first drug case after granting her demurrer to evidence on the ground that the evidence presented by the prosecutors was insufficient to warrant the continuation of the trial.
“That’s already two cases down, and one more to go. I am of course happy that with this second acquittal in the three cases filed against me, my release from more than six years of persecution draws nearer. I am extremely grateful to all those who stood by and prayed for me all these years.” de Lima said.
Reacting to de Lima’s second acquittal, Justice Secretary Jesus Crispin Remulla said: “The rule of law has prevailed and it just points out to us that the independence of the judiciary is a basic foundation of our democratic system. So it’s good, it’s good for us.”
Ragos recantation led to De Lima’s acquittal
Branch 204 Presiding Judge Abraham Joseph Alcantara gave weight to the recantation of prosecution’s main witness, former officer-in-charge of the Bureau of Corrections (BuCor) Rafael Ragos, in junking the drug case.
Ragos executed an affidavit on September 5, 2016 claiming that in November 2012, as BuCor OIC and together with aide Jovencio Ablen, they delivered a black bag containing P5 million to De Lima and her bodyguard Ronnie Dayan at the former’s residence in Paranaque.
He added that they made another delivery of the amount of P5 million contained in a plastic bag in December 2012 to De Lima and Dayan.
The money, according to Ragos, came from the proceeds of the drug operations of several high-profile inmates inside the NBP.
However, Ragos recanted his statements against de Lima in his affidavit executed in May 2022.
Ragos accused then Justice Secretary Vitaliano Aguirre of coercing him to execute an affidavit implicating De Lima in the NBP drug trade.
While recantations are usually viewed with suspicion and reservation, the trial court said, retractions can be considered and upheld in special circumstances .
“The general rule is that recantations are hardly given much weight in the determination of a case and in the granting of a new trial. The rare exception is when there is no evidence sustaining the judgment of conviction other than the testimony of a witness or witnesses who are shown to have made contradictory statements as to material facts under which circumstances the court may be led to a different conclusion,” the trial court pointed out.
In this case, the court said, Ragos testimony is necessary to secure a conviction.
“Without his testimony, the crucial link to establish conspiracy is shrouded with reasonable doubt. Hence, this Court is constrained to consider the subsequent retraction of witness Ragos. Ultimately, the retraction created reasonable doubt which warrants the acquittal of both accused,” the court declared.
The trial court also stressed that courts support the government’s all-out effort to combat the proliferation of illegal drugs, this “cannot come at the expense of disregarding the rule of law, evidence and established jurisprudence.
Image credits: AP