Muntinlupa court acquits De Lima in 2nd drug case

Detained former Senator Leila de Lima is one step closer to freedom after a Muntinlupa court on Friday acquitted her in one of her two remaining drug cases.

This was announced by De Lima’s legal counsel, Atty. Filibon Tacardon, following the promulgation of judgment at the Muntinlupa Regional Trial Court (RTC) Branch 204.

“Acquitted,” Tacardon said in a message to reporters.

JUST IN: The Muntinlupa RTC 204 has acquitted former Senator Leila de Lima in one of her remaining drug charges, according to her lawyer.

Atty. Boni Tacardon said she will not yet go free due to a pending case at Br. 256, where they filed a bail plea @gmanews @gmanewsbreaking

— Joahna Lei Casilao (@joahnacasilao) May 12, 2023

According to the 39-page decision, De Lima and Ronnie Dayan, her co-accused and former bodyguard, were acquitted of an illegal drug trading charge on the ground of reasonable doubt.

The court stated that though the prosecution was able to establish the existence of rampant illegal drug trading at the New Bilibid Prison (NBP), the retraction of former Bureau of Corrections (BuCor) chief Rafael Ragos cast reasonable doubt on De Lima and Dayan’s involvement in it.

Rule of law

Justice Secretary Jesus Crispin Remulla, meanwhile, welcomed De Lima's acquittal.

"The rule of law has prevailed, and it just points out to us that the independence of the judiciary is a basic foundation of our democratic system," he said in an ambush interview.

"It’s good. It’s good for us. It just proves that things are working in our country," Remulla added.

Executive Secretary Lucas Bersamin said the decision of the judge should be respected. 

“Si Senator De Lima, that’s another victory in her camp. That is justice system working,” Bersamin, a former chief justice, told reporters. 

De Lima, who has been detained in Camp Crame since February 2017, was accused of benefiting financially from the alleged illegal drug trade inside the NBP during her stint as Justice secretary to support her senatorial bid in 2016.

In May 2022, Ragos retracted his testimony against De Lima.

Ragos had claimed that he and aide Jovencio Ablen Jr. delivered P5 million in proceeds from the illegal drug trade inside the NBP to De Lima's house in Parañaque City in 2012.

The court said Ragos was the only one who had personal knowledge of the source of money.

“Under the circumstances of this case, the testimony of witness Ragos is necessary to sustain any possible conviction. Without his testimony, the crucial link to establish conspiracy is shrouded with reasonable doubt,” it said.

“Hence, this Court is constrained to consider the subsequent retraction of witness Ragos. Ultimately, the retraction created reasonable doubt which warrants the acquittal of both accused,” it added.

The decision was penned by Presiding Judge Abraham Alcantara.

'Release draws nearer'

In a statement read by Tacardon before the media, De Lima said she had no doubt that she would be acquitted in all cases filed against her by the Duterte administration.

"That's already two cases down, and one more to go. 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," she said.

The former senator also extended her gratitude to those who expressed their support and prayed for her throughout the years.

“Sa huli, tayong lahat na lumaban para manaig ang katarungan ngayong araw na ito ang nagwagi, gaano man tayo sinubukang durugin at patahimikin ng mga lumapastangan sa ating bayan,” she said.

(In the end, all of us who fought for justice won today, even though those abusing the country tried to crush and silence us.)

“Sa pagkamit ko ng hustisya sa araw na ito, malinaw sa akin na hindi rin ito ang katapusan. Tuloy ang aking laban,” she added.

(By obtaining justice today, it is clear to me that this is not the end. My fight continues.)

During the ambush interview, Tacardon said De Lima also shed tears upon hearing the court’s decision.

De Lima’s remaining  case is pending at the Muntinlupa RTC Branch 256, where she has sought to post bail and is awaiting the decision of the court.

In February 2021, the Muntinlupa City RTC Branch 205 junked one of the three drug cases against De Lima, who has repeatedly denied the charges filed by the Duterte administration. 

Atty. Heidi Soriano, the legal counsel of Dayan, said he still has one pending case.

LOOK: Supporters hold posters calling for De Lima’s freedom outside the Muntinlupa City Hall of Justice @gmanews @gmanewsbreaking pic.twitter.com/2A4fvubAaw

— Joahna Lei Casilao (@joahnacasilao) May 12, 2023

   A welcome decision   

Former Vice President Leni Robredo said De Lima's acquittal was a win for facts.

"I join many others in celebrating the court's decision to acquit former Senator de Lima of this charge. Tagumpay ito ng katotohanan pagkatapos ng mahigit na anim na taon ng paninira at kasinungalingan laban kay Sen Leila, na ang tanging kasalanan lang ay ang matapang na pagtindig para sa tama," Robredo said.

(This is a win for the truth after six years of demolition jobs and lies spewed against Senator Leila, whose only sin is to bravely stand for what is right.)

"Simula pa lang, buong-buo ang aking tiwala sa kawalan ng kasalanan ni Senator Leila. Sa kabila ng anim na taon na siya'y inipit at pinahirapan, nanindigan ako na darating ang araw na mababawi niya ang kanyang kalayaan at mabuting pangalan," Robredo added.

(From the start, I never doubted her innocence. For the six years that she has been persecuted, I knew that one day she would be able to regain her freedom and clear her name.)

De Lima's ally, former senator and current Liberal Party chairperson Francis "Kiko" Pangilinan, said they welcomed the court's decision.

"Even as it has come more than six years after her imprisonment on fabricated and baseless accusations, we nevertheless welcome the Court’s verdict," Pangilinan said in a statement.

"Mula unang araw pa lang ng kanyang pagkulong ang pahayag natin ay gawa gawa lamang ang mga paratang at walang katiting na ebidensya laban kay Leila. Ang ebidensya lahat fabricated. We have from Day 1 called for the dismissal of the charges but as the saying goes ‘better late than never’," he added.

(Since the first day of her detention we have been saying that the charges were trumped up and not supported by evidence. All the evidence are fabricated.) 

For his part, Senate Minority Leader Aquilino Pimentel III said, "Congratulations to the court for being true to its mandate to dispense justice without fear or favor by strictly following the evidence." 

In a statement, Senate Deputy Minority Leader Risa Hontiveros said "justice is finally prevailing" even though the course is long.

“The false narrative and web of lies that led to her imprisonment is finally being undone. The real crime has always been her arrest. She is owed a speedy acquittal from the final false charge against her after enduring so much for [six] long years,” she said.

Hontiveros hoped that De Lima’s acquittal would "pave the road to justice for all victims of the war on drugs and sound the death knell for this inhumane policy."

Senator Imee Marcos, the sister of President Ferdinand "Bongbong" Marcos Jr., said she was convinced that De Lima’s acquittal had sufficient basis, although she had not read the entire decision yet.

Meanwhile, Atty. Chel Diokno expressed happiness for De Lima, saying “it is about time.”

“And I hope that she is free in the near future. Sana within the week or by next week malaya na siya,” Diokno said, adding that he was very optimistic about the bail petition filed by De Lima.

House Assistant Minority Leader Arlene Brosas of Gabriela party-list echoed Diokno's comments.

"We in Gabriela Women’s Party are elated to hear the news of former senator Leila de Lima’s acquittal in the second drug case by a Muntinlupa court – confirming what was clearly a legal fabrication to put her behind bars," Brosas said in a statement.

"We hope that the third and last drug allegation against her will also be junked following this development to finally grant her freedom from six long years of detention and injustice. Likewise, we press on with the demand to free all female political prisoners who like De Lima had been slapped with trumped up charges," she added.

Vicente De Lima II, the detained senator’s youngest brother, who attended the promulgation, also expressed hope that his sister will be freed soon.

“Actually, if you look at it, this has been too long, no? Sinasabi nga, justice delayed is justice denied. Ang tagal-tagal po, masyado po tumagal ‘yung kaso,” he said.

“Kaya siguro ngayon masayang masaya kami sa aming pamilya na doon sa second case acquitted siya, doon sa first case noong 2021, dismissed. Ngayong third case po, ito po’y hopefully magkaroon na rin po ng decision ang ating judge tungkol sa motion for bail,” he added. 

(This may be the reason why our family is very happy that she is acquitted in the second case while her first case in 2021 was dismissed. Now, for the third case, hopefully, the judge will soon have a decision on her motion for bail.) 

Human rights group Amnesty International urged authorities to allow De Lima to be reunited with her family and friends. 

“We urge the authorities to also quash the remaining drug case and to ensure that her application for temporary freedom in this pending case is processed speedily and fairly,” Amnesty International Interim Deputy Regional Director for Research Montse Ferrer said in a statement.

“The authorities must not delay her release any longer and allow her to be reunited with her family, friends, and supporters after six long years,” she added.—with Hana Bordey, Joviland Rita, and Llanesca Panti/KBK/VBL, GMA Integrated News