Ex-DOJ chief Aguirre ‘coerced’ me into lying — Ragos
A KEY witness of the Department of Justice (DOJ) in its drug cases that are pending before the Muntinlupa city regional trial court have recanted his accusations against Sen. Leila de Lima, a few days after self-confessed drug lord Rolan “Kerwin” Espinosa claimed he “invented” his allegations against the lawmaker.
Former Bureau of Corrections officer-in-charge Rafael Ragos, in a sworn affidavit dated April 30, said he was “coerced” by former DOJ chief Vitaliano Aguirre II, now a commissioner at the National Police Commission, to give false testimonies against De Lima, or else he would be detained or prosecuted if he failed to do so.
Ragos is the second witness against the senator to recant his allegations.
Espinosa last week recanted his sworn statements implicating De Lima in illegal drug activities inside the New Bilibid Prison (NBP) during her term as DOJ secretary. His recantation was contained in a four-page counter-affidavit where he said that he was “coerced, pressured and intimidated, and seriously threatened by the police” to implicate
De Lima to the illegal drugs trade.
Ragos, who also previously served as deputy director for intelligence of the National Bureau of Investigation, was initially charged alongside De Lima, but the DOJ dropped him from the case and turned him into a prosecution witness after he testified that he delivered P5 million to De Lima’s residence in Parañaque City in November and December 2012.
“In order to be dropped from the information in Criminal Case No. 17-165 as a co-accused of Sec. De Lima and Ronnie Dayan, I was forced to cooperate with Sec. Aguirre and the DOJ public prosecutors by agreeing to deliver all these false testimonies and sign false affidavits against Sec. De Lima and Ronnie Dayan,” Ragos said in his affidavit.
Ragos said he was ordered to attend a meeting in September 2016, a week before the House of Representatives started its investigation into the illegal drugs trade in the NBP and De Lima’s alleged involvement in it.
During the meeting, he said Aguirre “interrogated and coerced” him into making false statements against De Lima. He said the ex-DOJ chief told him to execute an affidavit to corroborate the statement of another witness against the senator.
“When I asked Sec. Aguirre what they want me to do, he said mag-execute ka ng affidavit, mag-corroborate ka sa statement ni (Jovencio) Ablen, kung hindi, alam mo naman mangyayari’,” Ragos said.
He also claimed it was PAO lawyer Rigel Salvador who drafted his affidavit linking De Lima to the narcotics trade.
Ragos also said that Aguirre asked him to execute subsequent affidavits pointing to Peter Co as the supposed unknown caller who asked him to deliver money to De Lima’s residence.
“Kailangan mo ng bagong statement, ilagay mo si Peter Co, kasi walang maniniwala na hindi mo alam sino ang nagbigay nyan,” Ragos recalled as Aguirre telling him.
He said he was “forced” to testify before the House inquiry and in court due to threats that he would be detained and prosecuted for alleged involvement in the illegal drugs trade, which he insisted he did not commit.
“I now hereby declare and make known to the whole world that there is no truth whatsoever to any of these affidavits or House and court testimonies, or any other statement made in the media or other investigative proceedings, including the Senate and the Department of Justice, on the delivery of monies to Secretary De Lima or Ronnie Dayan in whatever amount,” Ragos said in his sworn affidavit.
Ragos’ previous testimony is part of the government’s narrative that De Lima was involved in the illegal drugs trade in the New Bilibid Prison in Muntinlupa when she was still the DOJ secretary.
The drug money that she allegedly received was used to fund her senatorial bid in the 2016 elections.
De Lima was charged by the DOJ, under Aguirre at that time, before the Muntinlupa RTC, leading to her detention in February 2017.
The recantation of Ragos is a major development in the trial of De Lima, especially since his testimony was cited by Muntinlupa RTC Branch 205 Judge Leizel Aquiatan when she junked De Lima’s demurrer to evidence and her petition to post bail in the case involving her former bodyguard Ronnie Dayan.
A demurrer is a pleading that the defense files to seek an outright dismissal based on the weakness of prosecution evidence.
‘LEAST EXPECTED’
De Lima said Ragos’ recantation was least expected.
“I did not expect, at least at this stage, former NBI Deputy Director and BuCor OIC Rafael Ragos to retract his statements and testimonies implicating me in the Bilibid drug trade.
After all, he played along with my persecutors in the Duterte Administration for so long I no longer hoped that he still had any remaining ounce of integrity in himself,” De Lima said in a statement.
“In fact, it was his testimony in court that was used by the judge to deny my demurrer or motion to dismiss in one of the fabricated drug cases filed against me by the DOJ. His fabricated testimony, which he is now retracting, is the main, if not the sole, reason why that case was not dismissed and why I am still detained as the trial continues,” she added.
She said it is now very clear that Ragos’ testimonies against her was involuntary following his revelation that he was coerced and threatened by Aguirre, whom she alleged is behind the false accusations against her “after Duterte.”
On Twitter, De Lima said: “President Duterte and his minions used the whole might and abused the power of the government just to destroy and send me to prison. As their power comes to an end, so will their lies and the truth shall finally set me free.”
De Lima said that with the retractions of Ragos and Espinosa, “I hope that it is now clear to the Filipino people that the false charges for illegal drug trading filed against me by the DOJ were the product of a long-standing conspiracy that started all the way back in September 2016 in the House of Representatives and the Senate, involving high government officials from the legislative and executive branches. At least, for the part of Ragos, the names of those conspirators are now known.”
“It is only a matter of time before the rest are identified by other false witnesses, mostly convicted inmates of the Bilibid, who were either bribed or coerced to make up stories about my supposed involvement in the Bilibid drug trade. This is only expected as the mastermind of this despicable enterprise exits Malacañang at the end of his calamitous term,” she added.
“It appears, after all, that justice will still be served, no matter how late. Five years too late. But indeed, truth often bides its time. It patiently waits and is never vanquished.”
De Lima hopes that all others who brought her injustice by making false testimonies will also be stricken by their conscience and come out to tell the truth.
NO EFFECT
The DOJ shrugged off Ragos’ retraction and said this will not neither affect nor destroy the strength of prosecution evidence against De Lima.
In a statement, the DOJ also reminded the public that recantation, as a rule, is viewed with disfavor.
“The affidavit of Mr. Ragos dated April 30, 2022 recanting his previous statements will not at this stage destroy the strength of the evidence against accused Senator Leila de Lima and Ronnie Dayan. It is left to the appreciation of the court to consider his affidavit of recantation if it can completely destroy his previous affidavits and testimonies,” the DOJ said.
The DOJ noted the timing of Ragos’ recantation, noting that it came five years after numerous hearings and testimonies and cross-examination before the Senate and the Muntinlupa courts where he reiterated De Lima’s alleged link to the narcotics trade.
“In all of the foregoing instances there was no mention of coercion or intimidation. Thus, the glaring delay on the part of Ragos in recanting his previous statements is indeed questionable and cast doubt on its truthfulness. His motive as well is highly suspicious,” the DOJ added.
Nevertheless, the DOJ said Ragos’ retraction with regard to his alleged transactions with De Lima has “minimal effect” because he “merely contradicted himself with respect to hi recantation and will not affect the testimonies of other prosecution witnesses.”
“The testimonies of the witnesses presented by the prosecution are enough to pin and prove the charges against accused Senator Leila de Lima and Ronnie Dayan,” it added.
Likewise, the DOJ said Ragos’ testimony is given more weight in court than a recantation.
“As a rule, recantation is viewed with disfavor. The testimony of Ragos given solemnly in court is given more weight,” it said, adding that recanted testimony is “exceedingly unreliable” for there is always the chance that it will be repudiated.
On Ragos’ claims that he was coerced by Aguirre, the DOJ said it will refer the matter to the Office of the Ombudsman for investigation.
“Since there was an allegation of coercion and intimidation, the matter may be referred to the Ombudsman for action, considering that the claim or subject matter refers to some officials of the department,” the DOJ said.
Sought for clarification if the DOJ will not investigate Ragos claim against Aguirre and other officials, Justice Secretary Menardo Guevarra said it would be better for an independent party to prove his claim.
“Under the circumstances that the DOJ is prosecuting the cases against Sen. De Lima and certain DOJ officials are specifically mentioned in Mr. Ragos’ affidavit of retraction, it will be to everyone’s interest that any inquiry into the truthfulness of Mr. Ragos’ recent allegations be conducted by an independent agency with jurisdiction to do it, specifically the Office of the Ombudsman,” Guevarra said.
At the same time, Guevarra said they could not yet make a recommendation to the Ombudsman since his office has yet to actually see Ragos’ affidavit or statement.
“We will endorse his affidavit to the Office of the Ombudsman if or when the same is submitted to to the DOJ. we cannot endorse something that we do not have in the first place,” Guevarra added.
‘INCAPABLE’
In his affidavit, Ragos exonerated his former boss at the DOJ saying De Lima is not capable of engaging or doing anything illegal.
“As far as I know and based on my professional relationship with Secretary de Lima, she is incapable of doing anything illegal, much less engage in the illegal drug trade or accept money from Bilibid inmates,” he said.
“All of my allegations to the contrary in my affidavits and House and court testimonies are all fiction, false, and fabricated,” he added.
He also begged for forgiveness from De Lima for implicating her.
“I beg the forgiveness of these innocent persons who suffered from my transgression of bearing false witness against them. I hope they find it in their heart to do so, knowing that I was only forced to transgress against them to save my own life. May God help me,” he said.
Aside from Aguirre, Ragos also identified other officials who he said “pressured” him to “implicate and manufacture lies” against the lawmaker.
He alleged then DOJ Undersecretary Raymund Mecate and NBI Deputy Directors Vicente de Guzman and Rachel Angeles made his life difficult.
“Fearing for my life and my family, I had no choice but to follow everything that these people asked me to do. I also did not want to go to jail for fear of being the subject of acts of revenge by criminals I put in jail as an NBI official and by inmates that I disciplined as BuCor OIC,” he added.
Mecate was one of the DOJ officials asked to resign by Guevarra when he took over the department in 2018.
Ragos also implicated one of the state prosecutors handling the case, saying that Prosecutor Laurence Joel Taliping told him that he should testify against De Lima because Malacañang was monitoring the case.
At one time, he said when he asked the DOJ to reimburse his expenses in testifying as he has not received his salary for close to seven months, Taliping told him “wala ba ako dyan kahit two months lang.”
Taliping could not be reached for comment.
De Lima said the other names mentioned by Ragos who have also allegedly conspired against her “are new to me.”
“I have also always suspected that the DOJ panel of prosecutors, or some of them, would have known that Ragos was lying on the witness stand. Ragos’ retraction only confirms that they did and that, all along, they were guilty of suborning false testimony,” she said.
PNP PROBE
PNP chief Gen. Dionardo Carlos said the PNP will look into the allegation of Espinosa that he was coerced and intimidated by policemen to implicate De Lima in the narcotics trade.
In a press briefing in Camp Crame, Carlos said: “We will look at it… If that is his statement, we will have that looked into by IAS (Internal Affairs Service) and DIDM (Directorate for Investigation and Detective Management).”
Nevertheless, Carlos sought to belittle Espinosa’s recantation of his earlier statement against De Lima.
“That is not the only evidence that can prove our case. It’s not only the statement of Espinosa, there are other (pieces of) evidence and affidavits that are part of the proceedings,” he said.
In a statement issued last Friday, the Philippine Drug Enforcement Agency said it “will defer to the decision of the courts as to the implication of (Espinosa’s) recantation.”
“Prosecutor General Benedicto Malcontento had previously given his opinion that Espinosa’s retraction has no bearing on the cases against Sen. Leila De Lima and although PDEA was not involved in the filing of cases against either Kerwin Espinosa or Sen. De Lima, the agency is dispassionately interested in uncovering the truth and prosecuting those involved in the illegal drug trade,” PDEA said.
On the other hand, Malacañang said it continues to trust the DOJ and the National Prosecution Service to do its mandate of investigating and prosecuting against De Lima.
Communications Secretary and acting presidential spokesman Martin Andanar said the charges against De Lima are “anchored on her transgressions of our laws” and has nothing to do with her political views on President Duterte’s anti-illegal drug campaign or her affiliation with the political opposition.
“We respect the independence of the court handling the case of Senator Leila de Lima, particularly in evaluating the evidence presented, such as the statements of former Bureau of Corrections Officer-in-Charge Rafael Ragos. At the same time, we continue to trust the Department of Justice and the National Prosecution Service in performing their mandates in investigating and prosecuting the charges against the lady senator,” he said.
Andanar said De Lima is being tried before a competent court which is a separate and co-equal and independent branch of government that the Executive department respects.
“Let the wheels of justice keep grinding,” he said as he also dismissed calls from the Human Right Watch to release De Lima following the recanting of statements by witnesses in the charges against the lady senator.
He said De Lima has been afforded her rights to due process while currently facing charges before an independent and competent court.
RELEASE DE LIMA
Opposition presidential bet Vice President Leni Robredo and her running mate Sen. Francis Pangilinan joined calls for De Lima’s immediate release from detention, saying not a single piece of evidence was presented in court against her more than five years since she was incarcerated for trumped-up charges.
“Mahigit limang taon nang nakakulong si Sen. Leila de Lima, pero kahit isang gramo ng ilegal na droga, kahit isang pahina ng documentary evidence, walang naihain laban sa kanya. Ngayon, pati ang mga testimonyang ginamit na batayan ng pagpapakulong kay Sen. Leila ay isa-isa nang binabawi ng mga nagbigay nito (Sen. Leila de Lima has been detained for more than five years but there is not even a gram of illegal drugs and not a single page of documentary evidence was presented against her. Now, even the testimonies that were used as basis to detain her were recanted one by one by those who gave it),” the Vice President said in a statement.
Robredo, the leader of the opposition, said the recantation of the witnesses’ testimonies proves what she has long been saying: that De Lima’s case is nothing but political vendetta.
“Patunay lang ito ng katotohanang matagal ko nang iginigiit: Walang kaso laban kay Sen Leila de Lima. Ang tanging kasalanan niya ay ang magsabi ng totoo at ipagtanggol ang karapatan ng mga kapwa natin Pilipino (This is just a proof of the truth that I’ve long been stressing: There is no case against Sen. Leila de Lima. Her only sin was just to tell the truth and defend the rights of our fellow Filipinos),” she said.
The Vice President said there is no reason for De Lima to continue to stay in detention.
“Wala nang dahilan para manatili sa piitan si Sen Leila. Dapat na siyang palayain sa lalong madaling panahon. Kaisa ko ang bawat Pilipinong naniniwala sa hustisya sa panawagan: Free Leila now (There is no reason for Sen. Leila to remain in detention. She should be released as soon as possinle. I am one with every Filipino, who believes in justice, in calling: Free Leila now),” Robredo said.
Robredo’s runningmate, Sen. Francis Pangilinan said their team wants De Lima, who is seeking re-election, to join them in the remaining days of the campaign period.
“Gusto na namin siyang makasama sa miting de avance (We want to be with her at the miting de avance (in Makati on Saturday),” he said. “Patunay ang limang taon na pagkakakulong ni Sen. Leila kung gaano kabulok ang sistema ng hustisya sa bansa. Kung ang isang senador ay pwedeng ipakulong sa gawa-gawang paratang, paano pa ang karaniwang mamamayan? Parang ini-EJK ang katarungan (The five years she’s been detained proves how rotten the judicial system in the country is. If a senator can be jailed through trumped-up charges, what more if these are ordinary citizens? It’s like justice has been a victim of extra-judicial killings),” he said.
Pangilinan said convicted felons, those with standing warrants of arrests and thieves in the government who spend people’s money to spread fake news should be the ones thrown in jail.
Senatorial candidate Chel Diokno said De Lima has suffered long enough due to unfounded accusations and it is time to set her free.
He said those behind the unjust detention of de Lima must be made to suffer.
“Dapat papanagutin ang nasa likod ng panggigipit kay Senadora Leila sa ginawa nila pagbaluktot sa katotohanan at paggamit sa batas bilang instrument ng paghihiganti at pang-aapi (People behind Sen. Leila’s detention must be made to answer for twisting the truth and for using the law as an instrument to get back and oppress her),” Diokno said.
Diokno also called on Guevarra to sanction the prosecutors and the people identified by Ragos in his false testimonies against De Lima.
“But now, what is of utmost importance is for Sen. Leila to be freed so she can be reunited with her family,” Diokno said in Filipino. — With Raymond Africa, Victor Reyes, Jocelyn Montemayor and Wendell Vigilia
