THE Office of the Court Administrator (OCA) has directed the Muntinlupa city regional trial court handling the remaining drug-related case of detained former senator Leila de Lima to finish the trial within nine months.
In an April 28 memorandum but only made public Thursday, Court Administrator Raul Villanueva instructed Muntinlupa RTC branch 256 Judge Romeo Buenaventura to “prioritize” and already “decide” on the conspiracy to commit illegal drug trading complaint filed against De Lima and her co-accused, noting that the “instant case has been pending for six years” now.
In response to the OCA directive, Buenaventura directed the panel of prosecutors on May 18 to “complete and terminate its presentation of evidence on June 5, 19 and 26, 2023 at 2 o’clock in the afternoon as scheduled.”
Aside from De Lima, also charged before Branch 256 are former Bureau of Corrections chief Franklin Jesus Bucayu, Wilfredo Elli who is Bucayu’s former staff, inmate Jaybee Sebastian, Ronnie Dayan who is De Lima’s former security aide, Joenel Sanchez, and a certain Jad de Vera.
State prosecutors have accused De Lima and Bucayu of allegedly tolerating the illegal drugs trade inside the New Bilibid Prisons (NBP) from May 2013 to May 2015 when De Lima was still the secretary of the Department of Justice (DOJ).
De Lima has repeatedly denied the accusations.
On Wednesday, Buenaventura rejected De Lima’s application to post bail for her temporary liberty, saying that the court is convinced that the evidence of guilt against her and her co-accused is strong.
APPEAL
In a press briefing, De Lima’s lawyer Bonifacio Tacardon said they will appeal the Buenaventura’s decision.
“We are now preparing the motion for reconsideration and as per our rules, we have until Tuesday next week for filing,” Tacardon said.
At the same time, the defense lawyer raised the possibility of seeking the dismissal of the case by filing a demurrer to evidence.
“Assuming na matapos (that the submissions finish) by June 26 and the prosecution submits its formal offer of evidence after that, we are seriously considering or studying the filing of a demurrer to evidence,” Tacardon explained.
A demurrer is a pleading seeking the dismissal of a case on the ground of weak prosecution evidence and without the defense presenting its own.
If the demurrer is granted, this will be tantamount to an acquittal, while its denial means the continuation of the trial.
Tacardon said if all goes according to schedule, the remaining drug-related case against the former senator might be resolved by July this year.
Tacardon said De Lima remains determined and committed to proving her innocence despite Buenaventura’s adverse ruling on her plea application.
“The ruling motivates her even more to be vigilant. Tuloy ang laban (The fight goes on),” he said, adding that the defense team will try to convince the court of the merit of their case in the soon-to-be-filed motion for reconsideration.
The case pending before Buenaventura’s sala is the last of three drug cases filed against De Lima during the administration of former President Duterte.
The Branch 205 of the Muntinlupa RTC in February 2021 junked the first of the three cases after it approved De Lima’s demurrer to evidence.
On the other hand, Muntinlupa RTC Branch 204 Judge Joseph Abraham Alcantara acquitted De Lima last May 12 in her second drug case.
‘ATTEMPT TO SILENCE’
De Lima’s legal team said they were surprised by Buenaventura’s decision.
“We are hoping that in our motion for reconsideration, the court will see our position that testimonies of convicted criminals, especially when they bear anger at the accused, are never acceptable or credible,” they said in Filipino in a statement.
One of de Lima’s lawyers, Dino De Leon, told ABS-CBN News Channel that they are prepared for the worst as he called the denial of the bail application an “attempt to silence” the former senator.
“While we are saddened, we are not surprised because the context of this case from the very start is very political, the political persecution of Leila de Lima,” De Leon said.
“This is actually a continuous attempt to silence Leila de Lima, so we are not actually surprised,” he added.
At the same time, De Leon said that they are hopeful the denial of the bail application is not a sign of where the case is headed.
In his order, Buenaventura said that after a careful review of the totality of the prosecution’s evidence, including the testimonies of several high-profile inmates at the NBP, he was convinced that the evidence of guilt against De Lima and her co-accused for conspiracy to commit illegal drug trading was strong.
In a statement, the Supreme Court said De Lima can still file a bail application anytime during the course of the trial of the case.
“The former senator can also move for her release on bail at any time during the course of trial if she deems that the prosecution evidence is weak,” the SC said, adding that “as per order of the trial court, the denial of bail is not the final adjudication of the case.”
SPEEDY TRIAL
Senate deputy minority leader Risa Hontiveros called on the judiciary to accord De Lima a “speedy trial” as provided for under the Constitution, similar to what have supposedly been accorded to “other prominent individuals recently.”
“I am deeply frustrated over the prolonged detention of former Sen. Leila De Lima. She deserves a speedy trial as enshrined in our Constitution. I cannot help but think about all the speedy trials of other prominent individuals recently, while Leila, who brought to light the abuses of the bloody drug war under the Duterte administration, is still languishing in jail for six years and counting,” Hontiveros said in a statement.
Sen. Ronald dela Rosa said it would be better to just let the case against De Lima take its course, saying that “we have to trust our courts regardless of our personal biases.”
Hontiveros said several “false witnesses” have already withdrawn their accusations against the former senator and it is only just to also expedite the hearing on the remaining drug case.
“It is also alarming that testimonies from self-serving sources are still being entertained here. Many of these false witnesses have already recanted their accusations against Leila, so why is her case still caught in the incredible lies and deception woven by these drug lords?” she said.
She added: “Again, for the sixth year in a row, this ruthless tide of injustice against Leila must stop, and the trumped-up charges immediately dropped. And to my fellow Filipinos and to all human rights advocates, let us ensure that justice is not just reserved for the powerful and privileged, and that in this country, justice is not just a fairy tale.”
Meanwhile, the Nagkaisa Labor Coalition slammed the court’s decision denying the bail application of De Lima.
“Bail is a bas ic constitutional right, except that this time the court finds the innocent senator not qualified of the grant because dark shadows of power keep on pulling the strings that connect her three cases to the main plot of political persecution,” the group said in a statement.
The group said it will continue to push for the release of De Lima “as her fight for freedom is linked diametrically with the larger struggle of workers for freedom and democracy in this country.” — With Raymond Africa
