A MUNTINLUPA trial court yesterday denied the plea of detained senator Leila de Lima to grant her bail application in the remaining drug-case filed against her under the Duterte administration.
The denial of the bail application means De Lima would have to remain in jail pending the final resolution of the drug case even as she was already acquitted in the two other drug cases filed against her.
It can be recalled that De Lima expressed optimism that her bail petition would be granted by Muntinlupa City Regional Trial Court Branch 256 Presiding Judge Romeo Buenaventura after Muntinlupa RTC Branch 204 Presiding Judge Joseph Abraham Alcantara acquitted her last May 12 in her second drug case.
In February 2021, Branch 205 of the Muntinlupa RTC granted her demurrer to evidence that resulted in the dismissal of the first drug case against her on the ground of insufficiency of evidence.
Reacting to the court’s decision, Justice Secretary Jesus Crispin Remulla said it was part of the judicial process and that it should be respected by the parties.
“A non-bailable crime may be bailable if the evidence of guilt is not strong. Probably the movants were not able to prove that the evidence was weak, because to submit something like this you’ll take a risk. But it’s not the end of it, they have to go to trial because the presentation of evidence is not yet terminated,” Remulla said.
In his 35-page order, Buenvaentura also denied the petitions for bail of De Lima’s co-accused namely Ronnie Dayan, her former security aide, former Bureau of Corrections chief Franklin Jesus Bucayu, , Joenel Sanchez; and a certain Jose Adrian Dera.
They were accused of conspiring to commit illegal drug trading inside the New Bilibid Prison in Muntinlupa City during De Lima’s term as justice secretary from May 2013 to May 2015.
Specifically, the prosecution charged De Lima and her co-accused of using the inmates of the NBP to sell and trade illegal drugs by means of mobile phones and other electronic devices; receiving the proceeds thereof totaling to P70 million; and thereafter, conducting a raid inside the maximum security compound of the NBP to the exclusion of accused Jaybee Sebastian, thus, allowing him to control, centralize and monopolize the drug trade inside the NBP.
Sebastian died inside the NBP on July 18, 2020.
De Lima denied the charges and said she was a victim of political vendetta of then president Rodrigo Duterte who resented her opposition to the bloody anti-drug campaign as well as human rights violations.
In her petition for bail, De Lima argued that the prosecution failed to show proof to back its claim that she conspired with the other accused to commit illegal drug trading inside the NBP.
De Lima also told the court that she is not a flight risk and invoked humanitarian reason in applying for a bail.
The former senator said she longs to be with her family, especially her sons, grandchildren and bedridden 90-year-old mother.
She also cited her being a senior citizen with several health issues.
Her continued detention, according to De Lima, has also unnecessarily exposed her to dangerous conditions and life-threatening risks as shown by her experience during the October 9, 2022 hostage-taking incident.
However, the prosecution insisted that the evidence of guilt is strong, thus, the accused’s petition for bail should be denied.
To prove that the evidence of guilt is strong for the crime of conspiracy to commit illegal drug trading, , according to the court, the prosecution must be able to establish that two or more persons come to an agreement; that the agreement is to commit illegal drug trading; and that the offenders decide to commit the offense.
“Considering the foregoing and after a careful review of the totality of the prosecution’s evidence, the Court is convinced that the evidence of guilt against all the above-named accused for the crime of conspiracy to commit illegal drug trading is strong,” the trial court declared.
The court said there was an expressed agreement to commit illegal drug trading between Dayan, and some of the NBP inmates.
It added that de Lima had an implied agreement with other accused to commit illegal drug trading.
“The testimonies of the witnesses, when taken together and taking into account the context and situation when the conversations and transactions referred to had taken place, point to no other conclusion that there was conspiracy among said accused,” the court said.
The trial also found De Lima’s plea for provisional liberty on humanitarian considerations “untenable.”
The court also said it does not find de Lima’s recent hostage-taking experience “injurious to health” or a danger to her life, as in other bail cases, but an isolated incident, falling within the responsibility of the PNP Custodial Center.
“If need be, the present jail facility should reevaluate its security protocols and visitation guidelines to ensure the welfare and safety of its detainees,’ the court said.
Likewise, the court said the former lawmaker is not suffering from any serious or life-threatening health condition.
However, Buenaventura stressed that in finding evidence of guilt strong, it does not in any way prejudge what the final outcome of the case will be.
“The culpability or innocence of the accused will still be decided on the basis of all evidence presented by the parties and only after trial on the merits,” Buenaventura said, adding that the “purpose of the hearing is merely to determine the weight of evidence for purposes of bail.”
“After all, that the evidence of guilt is strong does not equate to a finding of proof of guilt beyond reasonable doubt,’ he added.
Image credits: AP
