‘I never lost faith… This is vindication’
FORMER senator Leila de Lima last night walked out of the PNP Custodial Center in Camp Crame where she has been detained for more than six years, or since February 2017, after she was accused of drug-related charges by the Duterte administration.
Earlier yesterday, De Lima’s lawyers posted a P300,000 bail which was set by Muntinlupa regional trial court Branch 206 Presiding Judge Gener Gito in open court during the hearing on the motion to quash filed by former Bureau of Corrections chief Jesus Franklin Bucayu, who is De Lima’s co-accused in her remaining drug case.
In a brief message to the media after the court hearing, De Lima said the development was a “moment of triumph and thanksgiving.”
“For more than six long years I had been praying so hard for this day to come. Napakasakit ang makulong ng wala kang kasalanan. Ayaw kong mangyari ito sa iba (It is painful to be jailed for something that you did not do. I do not want this to happen to others). I don’t want to be sad or bitter today. This is a moment of triumph and thanksgiving,” she said.
“I’m free. Salamat, sa wakas, malaya na po ako (Thank you, I am finally free). I am now free. Sweet, sweet freedom. Thank you, Lord. Thank you, everyone,” she said waving to the crowd.
“I never lost faith,” De Lima said in her first press conference after she left Camp Crame.
“Free at last after six years, eight months and 21 days. Or a total of 2, 454 days in detention, Hindi ko ma-describe ang feeling na nangyari na ang pinakahihintay ko (I cannot describe the feeling that the long awaited event for me is here),” a teary-eyed De Lima said.
“I never lost faith that my freedom will come. Alam ninyong lahat kung gaano tayo naghintay ng matagal (You all know how long I have waited for this moment),” she also said.
She said that despite the struggles she faced while in detention, she never surrendered her humanity and that her persecutors were never be able to take her humanity away.
“They may take years of my life, but they can never take my humanity. I will never be like them,” she added of her persecutors.
“This is vindication and I want people to know the truth of my innocence. I want people to know who are behind this. That’s vindication kasi marami ang napaniwala noon (many people believed the lies). They destroyed my life, my name, my reputation,” she said, adding she wanted to be cleared of the charges to be fully vindicated.
The 64-year-old former lawmaker said she never regretted even for a moment the difficulties she encountered, adding that it even made her stronger.
“It was a struggle, but I have no regrets. I have considered my unjust detention as a curse and a blessing. A curse because I don’t deserve that at all. A blessing because I learned while in detention to become more prayerful, to be closer to the Lord, to reflect, to be contemplative and to enjoy small things in life,” she said, adding it kept her sanity intact during her detention.
Asked if she will go after former president Rodrigo Duterte, De Lima said she will not engage in gloating even as she savored her triumph.
“I don’t want to be political sounding tonight because this is a moment of joy, this is a triumphant moment for me, so as much as possible, I want to be gracious. Eto na lang muna (This is my message for now): God forgive him and god bless him. He knows what he did to me, I suppose.”
She added: “Pinag-uusapan namin iyan ng mga abogado ko (My lawyers and I have talked about). There is always that option but definite plans, pinag-uusapan pa (there is nothing definite yet). Maraming pa muna akong gusting gawin (There are other things I’d like to do first).”
She also said: “Hindi madali na ipakulong ka ng wala kang kasalanan (It is not easy to be put in jail when you did nothing wrong). As a matter of justice, those who should be held accountable should be held accountable.
De Lima said she is planning to go home to her home province to visit her mother. “
“Uuwi po ng Bicol para makapiling ang aking ina (I am going home to Bicol to be with my mother). We have not seen each other for more than four years already. This homecoming will give her the best Christmas gift,” she said.
CAMP CRAME
The former lawmaker left the PNP Custodial Center at around 7 p.m. on board a white police van. She was accompanied by several policemen.
Prior to that, PNP spokeswoman Col. Jean Fajardo said that as a matter of procedure, De Lima would be subjected to physical and medical examination “to check if she is in a good condition” before her release.
“After that, she will be released to her family or to her lawyer. The medical examination is just a protocol,” Fajardo said.
Hours earlier, De Lima waved to reporters upon her arrival in Camp Crame from the court.
“Finally, I’ll be free after six years, eight months and 21 days. After 2,454 days, I’m now free. Sweet, sweet freedom. Thank you, Lord,” De Lima said from the entrance of the PNP Custodial Center.
She then went inside the center for processing.
BAIL HEARING
Defense lawyer Bonifacio Tacardon said the bail order was issued by Gito in open court during Monday’s hearing.
“Motion granted,” Tacardon said on the issue of posting bail after the court hearing.
Aside from De Lima, the court also allowed Bucayu, Ronnie Dayan, Joenel Sanchez, and Jad Dera to post bail.
“Wherefore, premises considered, the respective Motion for Reconsideration of the concerned accused are granted. Thus, the order of the Court dated June 7, 2023 is reconsidered. Consequently, accused De Lima, Bucayu, Dayan, Sanchez and Dera are allowed to post bail in the amount of P300, 000 each,” Gito said in his order dated November 10 but only made public yesterday.
Gito said De Lima and her co-accused should be allowed to post bail because the prosecution failed to “discharge its burden of establishing that their guilt is strong.”
“Thus, assessing the totality of evidence presented by the prosecution, the Court is of the firm view and so holds that accused De Lima, Bucayu, Dayan, Sanchez and Dera should be allowed to post bail as the prosecution was not able to discharge its burden of establishing that the guilt of the said accused is strong,” Gito said.
State prosecutors have accused De Lima and her co-accused of tolerating the illegal drugs trade inside the national penitentiary from May 2013 to May 2015 when she was the DOJ secretary.
De Lima has repeatedly denied the accusations, claiming she was a victim of a political witch-hunt supposedly perpetrated by then President Rodrigo Duterte and his cohorts.
She said she earned the ire of Duterte because of her vocal stance against his administration’s bloody crackdown on illegal drugs and human rights violations during his term.
De Lima has won two of the three drug cases filed against her, one through a demurrer of evidence in February 2021, and the other after the court on May this year dismissed the case due to lack of merit.
De Lima has been in detention at Camp Crame since February 2017 months after launching a Senate inquiry into Duterte’s violent illegal drugs drive.
Six judges have either inhibited from handling De Lima’s cases or retired from the judiciary during the trial, the last being Muntinlupa RTC Branch 204 Presiding Judge Abraham Joseph Alcantara who recused from the case in July this year.
Alcantara was the same judge who junked the prosecution’s case in a “near identical” case in May this year.
The cases against De Lima have also seen government witnesses recant their testimonies, saying they were coerced or threatened to implicate the former senator in the illegal drugs trade when she was the justice secretary of the late President Benigno Aquino III.
Among the witnesses who have recanted their allegations against De Lima are former BuCor OIC Rafael Ragos, Dayan and self-confessed drug lord Kerwin Espinosa.
Espinosa claimed the police forced him to implicate the former senator in the illegal drugs trade, while Ragos pointed to former DOJ secretary Vitaliano Aguirre II as the one who supposedly forced him to concoct a story linking De Lima to the illegal drugs trade, a claim that Aguirre has already denied.
Dayan, on the other hand, named the late Oriental Mindoro Rep. Reynaldo “Rey” Umali as the one who allegedly forced him to make up accusations against De Lima.
Umali, who died in 2021 due to liver cancer, led the House investigation on De Lima’s alleged link to drug syndicates.
Last month, two Bilibid inmates who earlier testified against De Lima – Rodolfo Magleo and Nonito Arile — also informed De Lima’s camp of their intention to recant their testimonies.
VINDICATION
De Lima thanked the Marcos administration for “respecting the independence of the judiciary and the rule of law.”
Tacardon said the court’s decision is a vindication of their stand that De Lima is innocent of the charges.
“Merits-wise, we have been very confident that former Sen. De Lima should be given temporary liberty, at least,” Tacardon said, adding: “We all believe that she is innocent and all these charges are trumped up.”
De Lima’s brother, Vicboy who attended the hearing, said her sister was elated by the court’s decision.
“Upon hearing the court’s decision, Leila exclaimed freedom. Totoo nga po malaya na po siya (It is true that she now free) after almost seven years of unjust detention,” Vicboy told reporters outside the courtroom.
He said he immediately informed their siblings in Bicol the good news and relay this to their elderly mother.
Another of De Lima’s counsel, Dean Tony Lavina said the decision not only reaffirms their confidence in the legal system but also underscores the fundamental principles of fairness, equity, and the Rule of Law.
“It is crucial to note that Senator De Lima has endured seven years of detention, and those responsible for this injustice must be held accountable,” Lavina said.
“This significant moment serves as a powerful reminder of our unwavering commitment to combating disinformation and upholding the democratic values that define our society. Looking ahead, we eagerly anticipate the complete resolution of all remaining cases against Senator De Lima, fervently hoping for her full exoneration,” he added.
Justice Secretary Jesus Crispin Remulla said the decision of the RTC showed the independence of the judiciary.
“It just shows the independence of the judiciary, which I’ve always been saying from the beginning and that they are free to decide as they please, as they deem fit. And it just shows that democracy is alive and well in our country,” Remulla said.
Asked if the DOJ will appeal the ruling, Remulla said he will leave it to the prosecution panel to decide on that.
“I do not interfere with the prosecution especially in these matters. We follow the principle of institutional continuity, the moment we step into office,” the DOJ chief added.
NO BASIS
In a post on X (formerly Twitter), former Vice President Leni Robredo said the court’s decision shows there was no basis to the allegations that the former senator and justice secretary was involved in the narcotics trade.
She said that despite the nearly seven-year wait, the truth has finally prevailed.
“Matagal nating hinintay ang araw na ito, sa pananalig na ang tama at totoo ang palaging mananaig (We have long been waiting for this day on the belief that truth will eventually prevail),” said Robredo.
“Pinatutunayang muli ngayon na walang basehan ang mga paratang laban kay Senator Leila. Ang lahat ng mga paninira at panggigipit na naranasan niya sa loob ng halos pitong taon ay bunga ng kaniyang pangangahas na tumindig para sa tama – para sa ating mga kababayan (The court decision has proven that there was no basis for the cases against Senator Leila. All the lies peddled against her for almost seven years were made because she stood for what was right, and for the Filipino people),” she also said.
She added: “Through all these years, Sen. Leila has been a source of inspiration for us. Her courage and her faith lent so many of us the resolve to continue fighting the good fight, to speak truth to power, and to keep believing that the Filipino people deserve so much more.”
Senate deputy minority leader Risa Hontiveros said the release of De Lima from Camp Crame “is the beginning of the end to this shameful episode in our democracy.”
“Ang nakakalungkot at nakakagalit ay hindi na mababawi, hindi na mababawi ang maraming taon na ninakaw at ipinagkait kay dating Senadora de Lima dahil lamang sa kasinungalingan ng iilan (What is sad about this is that Senator de Lima can no longer get back the many years that she spent in jail because of the lies against her). Nonetheless, I am very hopeful that the remaining trumped-up criminal charge against former Senator de Lima will soon be dismissed and that she will be acquitted,” Hontiveros said.
Sen. Ronald dela Rosa, in a message to the media, said: “I always respect court decisions as I always observe separation of powers.”
Dela Rosa, who was Duterte’s PNP chief and who was the main enforcer of the previous administration’s violent illegal drugs campaign, said that to his observation, the “trend” is expected that once a new administration sets in, cases against certain individuals become weak.
“Expected ko na ‘yan at trend naman talaga dito sa Pilipinas na kapag ang administrasyon ang nag-file ng kaso, napalitan, tila humihina ang kaso…Kapag bago ang administrasyon tila nagbabago ang interes sa kaso (The trend is expected here in the Philippines, that when an administration files cases, then there is change of administration, the cases seemed to weaken…If there is a new administration, the interest to the case seems be lost),” he added without elaborating.
He also said if the cases against De Lima were weak, then the courts should have granted bail “noon pa” (a long time ago).
“If she is worthy to be granted bail or talagang bailabale ang kaso niya, dapat noon pa binigyan ng bail yan. I observe separation of powers. Mahirap maki-alam sa trabaho ng judiciary (If she is worthy to be granted bail or if the charges are really bailable, then she should have been granted bail from the very start. But I observe separation of powers. I don’t want to get interfere with the judiciary’s job),” he said.
When asked if De Lima was a victim of political persecution or if the courts were pressured due to Duterte sitting as president, Dela Rosa refused to answer and said it was better to ask the courts about it.
Sen. Grace Poe said more than six years in prison “is long and arduous.”
“Mayaman o mahirap, hindi makatarungan ang manatili ng mahabang panahon sa kulungan dahil sa mabagal na proseso ng batas (Rich or poor, no one deserves to stay in prison for a long time just because of the slow process),” she said.
At the House of Representatives, Albay Rep. Edcel Lagman of the Liberal Party said that while “justice delayed is justice denied, justice finally secured is still justice redeemed.”
“This is the essence of Senator Leila de Lima’s belated grant of bail which is a prelude to her exoneration in all of the three feigned drug charges against her. This finally marks an end to her odious and oppressive incarceration which has spanned 2,453 days or from February 24, 2017 to November 13, 2023,” he said in a statement.
The opposition lawmaker said the court’s decision to grant bail “is a step toward justice and freedom for Leila and a harsh indictment of those who falsely accused her of wrongdoing and caused her years of unimaginable suffering in solitary confinement and the indescribable anguish of the malevolently accused.”
“I laud Sen. de Lima for her fortitude and indomitable spirit for fighting for her liberty without accepting the authority’s condescending offer of hospital or house arrest. Moreover, I also salute her supreme sacrifice and steadfast advocacy for all the victims of injustice and oppression, and also for Filipinos whose freedoms are trampled on by the brokers of power,” Lagman said.
Rep. France Castro (PL, ACT), a member of the militant Makabayan bloc, said that while the granting of bail to De Lima was long overdue, it is “a welcome news nonetheless.”
“Her long detention was an injustice, and we hope that those behind her unjust incarceration would be the ones who would be jailed in the near future,” she said.
INTERNATIONAL COMMUNITY
Several foreign envoys welcomed the granting of bail to De Lima.
US Ambassador MaryKay Carlson led the pack, saying her government will continue to follow the case.
“Welcome news to see Atty. Leila de Lima approved for release at long last. We continue to follow her case closely and look forward to seeing the remaining charges against her resolved in accordance with Philippine law,” Carlson said in a post on X, formerly Twitter.
European Union Ambassador Luc Veron and British Ambassador Laure Beaufils followed suit.
“Very pleased by the news of Atty. Leila de Lima’s release. A significant step for Rule of Law in the Philippines. A positive turn in the pursuit of justice! I hope that resolution of the remaining charges will be accelerated,” Veron said.
“Great Britain welcomes that Atty. Leila de Lima has been released on bail after six years. A significant step for #RuleOfLaw in the Philippines,” Beaufils said.
She said her government will continue to follow De Lima’s case closely and “look forward to seeing the remaining charges against her resolved quickly in accordance with law.”
The Canadian Embassy in Manila also issued a similar statement.
“Canada welcomes the decision to grant bail for former Senator Leila de Lima, ending six years of pre-trial incarceration. We will continue to follow her situation closely, with the expectation of rapid resolution of proceedings in the case against her,” the embassy said.
The embassy added that Ottawa expects De Lima’s case will be concluded in full conformity with the laws of the Philippines, and in line with the Philippines’ international human rights obligations.
To recall, the EU, US and other countries earned the ire of then President Rodrigo Duterte for advocating the release and the junking of the drug case against de Lima.
He even threatened to cut relations with the said countries for their critical stance against his administration’s bloody crackdown on illegal drugs and the increase in the number of human rights abuses during his term. — With Victor Reyes, Raymond Africa and Wendell Vigilia
