FORMER officer-in-charge of the Bureau of Corrections (BuCor) Rafael Ragos, another witness in the drug cases filed against Senator Leila de Lima, has executed an affidavit recanting his statements implicating the latter in the illegal-drug trade inside the New Bilibid Prisons (NBP) in Muntinlupa when she was justice secretary.
Ragos’s recantation came several days after confessed drug lord Kerwin Espinosa walked back his sworn statements claiming De Lima benefited from illegal drug operations in the NBP.
The Department of Justice (DOJ) found the timing of Ragos’s recantation suspicious, and said it will have little bearing on the pending drug-related cases against the senator.
Ragos, who served as deputy director for intelligence of the National Bureau of Investigation (NBI), claimed he was forced to execute false affidavits and issue false testimonies before the House of Representatives and the court against De Lima and her bodyguard Ronnie Dayan by several personalities, led by former Justice Secretary Vitaliano Aguirre II.
He said his claims in his affidavits and House and court testimonies “are all fiction, false and fabricated.”
Ragos said in his four-page affidavit, “I was forced to execute the above affidavits and deliver the above House and court testimonies against Sec. De Lima and Ronnie Dayan due to threats of being detained myself for the crime of engaging in the illegal drug trade that I did not commit.”
The DOJ, however, noted the timing of Ragos’s recantation: five years after he revealed before the Senate about the illegal drug trade inside NBP and how De Lima allegedly benefitted from this illegal activity.
November 2012 affidavit
On September 5, 2016, Ragos executed an affidavit claiming that in November 2012, as BuCor OIC, he and his aide Jovencio Ablen delivered a black bag containing P5 million to Dayan and De Lima at the latter’s residence.
Another delivery of money contained in a plastic bag was made in December 2012 to De Lima and Dayan, he claimed.
In 2016, Ragos testified before the House Committee on Justice hearing on the NBP drug trade and reiterated his previous affidavits.
He also testified then that the kickbacks came from Peter Co and other drug lords, supposedly to support De Lima’s senatorial bid in 2013.
On June 7, 17, 28 and July 12, 2019, Ragos also testified at the Muntinlupa RTC and repeated his allegations against the senator.
“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 investigatory proceedings, including the Senate and the DOJ, on the delivery of monies to Secretary de Lima and Ronnie Dayan in whatever amount,” he said.
Ragos claimed that in September 2016 or a week before the House inquiry, he was ordered by Aguirre, through a certain Danny Yang, to attend a meeting in Solaire Resort and Casino in Parañaque with former NBI Intelligence Director Dante Gierran and a certain John Vries.
Also present were Ablen, Roland Argabioso, and lawyers from Public Attorney’s Office, lawyer Rigel Salvador and lawyer Demi Huerta.
Ragos claimed that in that meeting, Aguirre interrogated and coerced him to execute an affidavit implicating De Lima in the NBP drug trade.
“In order to be dropped from the information in Criminal Case No. 17-165 as a co-accused of Secretary de Lima and Ronnie Dayan, I was forced to cooperate with Sec retary Aguirre and the DOJ public prosecutors by agreeing to deliver all these false testimonies and sign false affidavits against Secretary de Lima and Ronnie Dayan. I was thus made a witness against Secretary de Lima and Ronnie Dayan and set free,” Ragos said.
Ragos named several other officials who pressured him.
“Fearing for my life and 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 said.
DOJ: Recantation suspicious
“The affidavit of Ragos dated 30 April 2022, recanting his previous statements will not at this stage destroy the strength of evidence of the case against accused de Lima and 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 in a statement.
The DOJ noted that besides testifying at the Senate in 2016 and executing subsequent affidavits in 2017, Ragos even testified in court on June 7, 14 and 28, 2019 and was subjected to extensive cross examination by lawyers of de Lima.
After his testimony, the DOJ noted that he appeared before the Senate in September 2019 and reiterated his dealings with the accused.
“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 casts doubt on its truthfulness. His motive as well is highly suspicious,” the DOJ said.
The DOJ said the retraction of his claims about the senator’s ties to illegal drugs at NBP has a “minimal” effect, as the former BuCor official merely contradicted himself, but did not debunk the testimonies of the other witnesses presented before the trial of the case in the Muntinlupa court.
“The testimonies of the witnesses presented by the prosecution are enough to pin and prove the charges against accused Senator Leila M. de Lima and Ronnie Dayan,” the DOJ stressed.
It noted that as a rule, recantation is “viewed with disfavor” and that the testimony given in court is accorded more weight.
Ragos’s allegation that he was coerced and intimidated into executing the affidavits implicating de Lima in the drug trade may be referred to the Ombudsman for appropriate action since some of the names mentioned are officials of the DOJ.
“We will endorse it to the Ombudsman when Ragos’ affidavit is actually submitted to the DOJ,” Justice Secretary Menardo Guevarra said.