Closer to freedom: Leila de Lima cleared in 2nd drug case

RELIEF Detained former Sen. Leila de Lima waves at her supporters as she leaves the Muntinlupa Regional Trial Court after her acquittal Friday from one of two remaining drug cases. —RICHARD A. REYES

Former Sen. Leila de Lima was acquitted in one of her two remaining drug cases on Friday, putting her a step closer to freedom after more than six years in detention.

The Muntinlupa Regional Trial Court (RTC) Branch 204 cleared De Lima and her former security aide, Ronnie Dayan, of charges of conspiring to commit drug trading.

In his 39-page decision, Presiding Judge Abraham Joseph Alcantara said “reasonable doubt” became the basis of the acquittal, after former Bureau of Corrections chief Rafael Ragos recanted in 2021 his earlier testimony that he delivered drug money to de Lima through Dayan.

“Without his testimony, the crucial link to establish conspiracy [in the drug trade] is shrouded with reasonable doubt,” the ruling said. “Ultimately, the retraction created reasonable doubt which warrants the acquittal of both accused.”

“Vigilance in eradicating illegal drugs cannot come at the expense of disregarding the rule of law,” the decision also noted.

Escorted by police as she left the courtroom soon after her acquittal, a visibly relieved De Lima shouted to reporters and to her supporters: “This is the beginning of my vindication. Answered prayers.”

Her younger brother Vicente, who was among those who had gathered outside, was almost moved to tears as he said “Truth reigned over fake news. Justice reigned over injustice.”

He appealed to the court that was hearing the remaining drug case against de Lima to not “prolong the injustice” on his sister.

Her allies as well as rights groups also issued statements expressing anew their support for the former senator and justice secretary (See related story on Page A2).

Under the presidency of Rodrigo Duterte, De Lima was jailed on drug charges in February 2017, following her staunch criticism and scrutiny of his human rights record, particularly in connection with his brutal crackdown on drug suspects that ended up mostly targeting the poor.

De Lima had also spent a decade investigating “death squad” killings allegedly orchestrated by Duterte during his time as Davao City mayor.

On Twitter she said: “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.”

That’s already two cases down, and one more to go,” she said.De Lima—who was elected senator in 2016 when Duterte won that year’s presidential election—was charged a year later with three counts of conspiracy to commit drug trading.

She lost her reelection bid in 2022, despite the cases against her beginning to fall apart as early as 2021, a year before the end of Duterte’s presidency.

First case dismissed

In February that year, Branch 205 of the Muntinlupa court granted her demurrer—or motion seeking to invalidate the evidence against the detained senator—which effectively dismissed the first of her three drug cases.

By April came the recantations of key prosecution witnesses Ragos, Dayan and confessed drug lord Rolan “Kerwin” Espinosa—all in a span of a month.

Ragos, in his recantation, said he was threatened by Vitaliano Aguirre II, De Lima’s successor in the Department of Justice, into testifying against her.

Branch 256 is hearing the third and last case against De Lima as well as her petition for bail which she filed in 2020.

A hearing on the bail petition was scheduled on May 8, but the court postponed it anew, citing “marking inconsistencies” in the petition.

The 63-year-old lawyer and mother of two continues to be detained at the Camp Crame Custodial Center of the Philippine National Police.

On Oct. 9 last year, De Lima was held hostage by three detainees there who were subsequently shot dead by police snipers.

That “near-death experience,” as De Lima described that episode, prompted her supporters to clamor anew for her release.

‘No evidence’

Friday’s decision noted that there are “special circumstances” under which recantations which are generally disfavored can be given consideration.

“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 judge said.

De Lima’s lead counsel, Boni Tacardon, said that with her acquittal before Branch 204, her legal team will press anew to have Branch 256 of the Muntinlupa court grant “even just [her] temporary liberty.”

State Prosecutor Sonny Ocampo said in response to Friday’s ruling: “We respect the court decision but the options of the prosecution are still open. The legal remedies, we will be discussing.”

—WITH REPORTS FROM AFP AND INQUIRER RESEARCH

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