Facade of the New Bilibid Prison (NBP), with the sign of the Bureau of Corrections (BuCor). Image from the BuCor website
MANILA, Philippines–During the trial of former Sen. Leila de Lima’s drug case, government prosecutors have managed to uncover the complex network of drug transactions involving high-profile inmates but failed to establish the former senator’s involvement, the Muntinlupa Regional Trial Court Branch 204 said.
One of the prosecution witnesses, then Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) Director, now Baguio City Mayor Benjamin Magalong, testified that they have launched the intelligence build-up regarding the drug trading.
He said they were able to identify high-profile inmates that are basically controlling the drug trade in the entire country, namely Ben Marcelo, Vicente Sy, Peter Co, Tony Co, William Ang, and several others.
Magalong said they had finalized the operation plan signed by then Justice Secretary de Lima and Interior and Local Government Secretary Mar Roxas. But he said they had been excluded from the actual raid conducted by the NBI, Bureau of Corrections, and its K9 unit.
Another witness, former police investigator Nonilo Arile who was convicted of kidnapping-turned police asset, testified that not only was drug rampant inside but gambling, where betting involves millions of pesos.
De Lima’s involvement
Inmates Hans Anton Tan and Peter Co, police officer Jerry Crisostomo Valeroso mentioned de Lima in their testimonies regarding soliciting P10-million for her senatorial bid. However, the court noted that the information about de Lima only came from fellow convicted, the late Jaybee Sebastian.
Among the witnesses, only then Bureau of Corrections (BuCor) officer-in-charge Rafael Ragos and Intelligence Agent Jovencio Ablen testified about seeing de Lima. Able testified that he accompanied Ragos when he delivered a total of P10-million at de Lima’s house on Nov. 24, 20212, and Dec. 15, 2012.
But between Ablen and Ragos, the court noted that only Ragos knew the source of the P10-million, which was the proceeds of the drug trade.
However, in 2022, Ragos disowned his testimony, saying he was threatened to sign an affidavit implicating de Lima.
READ: Another witness retracts accusations vs. De Lima, says he was ‘coerced’
Ragos identified former Justice Secretary Vitaliano Aguirre as the one who coerced him to implicate de Lima. Aguirre vehemently denied the allegation.
READ: Aguirre denies coercing Ragos to indict De Lima in Bilibid drug trade
Initially, the court said the crime of conspiracy to commit illegal drug trade was adequately alleged, but establishing its existence was a failure.
“The subsequent recantation of witness Ragos casts reasonable doubt on the credibility of his testimony,” the court said.
According to the court, recantation is viewed with suspicion and reservation because often, witnesses can be intimidated to withdraw their previous testimonies. The “rare exception,” the court said, is if there is no evidence sustaining the judgment of conviction other than the testimony of the recanting witness.
As in this case, without Ragos, there is no “crucial link,” according to the court, that would establish the fact that de Lima conspired with inmates in its illegal drug trade.
“The retraction created reasonable doubt which warrants the acquittal of both accused [de Lima and Dayan],” the court said.
Word of caution
The court said, it has always supported law enforcement efforts to fight the illegal drug trade. But it said, “vigilance in eradicating illegal drugs cannot come at the expense of disregarding the rule of law, evidence and established jurisprudence on the matter.”
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