Leila de Lima allowed to post bail, says lawyer

A Muntinlupa court on Monday allowed former senator Leila De Lima to post bail in her remaining drug case, almost seven years after she was first detained.

In a message to reporters, Atty. Boni Tacarardon, De Lima’s legal counsel, said the Muntinlupa Regional Trial Court (RTC) Branch 206 granted De Lima’s motion for reconsideration on her bail petition.

“Motion granted,” Tacardon said.

LOOK: Former Senator Leila de Lima turns emotional after being granted bail. | via @chinogaston pic.twitter.com/bsvjNXRBa6

— GMA Integrated News (@gmanews) November 13, 2023

In an ambush interview, Tacardon said they were not able to read the court order in their excitement. 

“What is more important is the end result. Senator Leila de Lima will get the justice she rightfully deserves and ‘yung kanyang pitong taon, almost seven years na pagkakakulong, ay mapapahinto na natin ngayong araw na ito,” he said.

(What is more important is the end result. Senator Leila de Lima will get the justice she rightfully deserves and her seven years, almost seven years of imprisonment, will end today.)

The last portion of the decision stated that De Lima and her co-accused former Corrections Director Franklin Bucayu, Ronnie Dayan, Joenel Sanchez, and Jad Dera were allowed to post bail in the amount of P300,000 each. 
 

“Sa wakas makakalaya na po ako,” De Lima says after court grants her bail motion @gmanews @gmanewsbreaking pic.twitter.com/gTVGod7xOF

— Joahna Lei Casilao (@joahnacasilao) November 13, 2023

How the court ruled

In the 69-page order, the Muntinlupa RTC Branch 206 said it analyzed the prosecution witnesses and concluded that the prosecution was not able to clearly establish that there exists a conspiracy among the respondents.

According to the court, the testimony of retired CIDG P/SSupt. Jerry Valeroso, Nonito Arile, Renante Diaz, Engelberto Durano, Noel Martinez, and Joel Capones do not prove conspiracy to commit illegal drug trade.

Meanwhile, the court also did not give weight to the testimony of Herbet Colanggo, the prosecution’s most important witness.

“Critically scrutinizing his testimony, although he mentioned them, and relayed their supposed participation, it will not amount to establishing conspiracy to commit illegal drug trading,” the Court said.

The RTC said that Colanggo never mentioned that he was instructed by De Lima to sell illegal drugs to support her candidacy.

“The proposal to trade illegal drugs, per Colanggo’s testimony, did not come from De Lima but [Jaybee] Sebastian. The latter suggested to Colanggo to consolidate their operation to raise funds for the senatorial candidacy of De Lima,” it said.

“This statement of Sebastian, as testified by Colanggo, cannot be used against De Lima because it is hearsay,” it added.

Meanwhile, the court said that the testimony of then-Criminal Investigation and Detection Group Chief Benjamin Magalong will also not establish conspiracy among the accused.

“As to De Lima, the testimony of Magalong is even confirmatory of her lack of involvement in illegal drug trading inside NBP,” the court said.

According to the court, the evidence presented by the prosecution so far failed to prove individual acts of the accused that when combined, will prove complicity.

“In other words, each act imputed to the individual accused is so distinct from each other; they are fragmented; they are not aligned; and they will not establish unity of criminal design,” it said.

“To impute the acts of individual accused as constituting commonality of criminal objective among them will be specious and conjectural,” it added.

The Court said that only Sebastian was proven to have committed illegal drug trading, but that the link between him and De Lima and the others was not established.

“Thus, assessing the totality of the evidence presented by the prosecution, the Court is of the firm view and so holds that accused D Lima, Bucayu, Dayan, Sanchez, and Dera should be allowed to post bail,” it said.

'Six long years'

After leaving the Muntinlupa City Hall of Justice, a visibly overwhelmed De Lima  tells the media that she is “finally free.” 

“Sa wakas makakalaya na po ako. For years, years, my whole being has been crying out for justice and freedom. For six long years, praying, praying so hard for this day to come,” De Lima said.

(Finally, I am free. For years, years, my whole being has been crying out for justice and freedom. For more than six long years, praying, praying so hard for this day to come.)

The former Senator thanked the Lord, her family, her legal defense team, and Muntinlupa RTC 206 Court Judge Gener Gito.

De Lima also thanked the administration of President Ferdinand Marcos Jr. for “respecting the rule of law.” 

“At gusto ko rin pong pasalamatan ang BBM administration for respecting the independence of the judiciary and the rule of law,” she said.

[I also want to thank the BBM administration for respecting the independence of the judiciary and the rule of law.]

Meanwhile, her supporters celebrated the granting of the motion, chanting “laya na si Leila (Leila is now free).”

In a post on X, EU Ambassador Luc Veron said he was "very pleased" with the news. "A significant step for rule of law in the Philippines. A positive turn in the pursuit of justice! I hope that resolution of the remaining charges will be accelerated," he said.

Very pleased by the news of @AttyLeiladeLima’s release -

A significant step for #RuleOfLaw in the ????????. A positive turn in the pursuit of justice! I hope that resolution of the remaining charges will be accelerated . pic.twitter.com/E36K9SccCG

— Ambassador Luc Véron ???????? (@EUAmbPH) November 13, 2023

Judiciary independence

For his part, Justice Secretary Jesus Crispin Remulla said the decision of the court “shows the independence of the judiciary.”

“That they are independent from each other and that they’re free to decide as they please, as they deem fit, and it just shows that there’s a democracy. Democracy is alive and well in our country,” he said in a briefing.

“I think that that is the singular lesson that we learn from this. Democracy is well and alive in the Philippines,” he added.

When asked if the prosecution would appeal the decision, Remulla said they have “prosecutorial independence” and that he does not interfere with the prosecution on such matters. 

“[W]e respect, respected, and respect the findings of the previous prosecutors who were tasked to do this job and it is not for me to change their judgment or their point of view with regards to this. It is for them to be able to prove their cases in court,” he said.

Court order

In a press briefing, Philippine National Police spokesperson Police Colonel Jean Fajardo said they are awaiting the court order for the release of De Lima from PNP Custodial Center. 

De Lima may be released within the day, according to Fajardo. 

“We will have to wait to officially receive the copy of the release order…Hopefully, within the day po, kung matapos po ang proseso then our senator will be released upon court order,” she said.

De Lima has been detained in Camp Crame since February 2017 over drug allegations. She has repeatedly denied the allegations against her.

Her first acquittal came in February 2021 when the Muntinlupa City RTC Branch 205 junked one of her three cases.

On May 12, the Muntinlupa RTC Branch 204 acquitted De Lima and Ronnie Dayan, her co-accused and former bodyguard, of an illegal drug trading charge on the grounds of reasonable doubt.

Senator Ronald 'Bato' dela Rosa, the PNP chief when De LIma was arrested, said he respects the court decision.

"I always respect court decisions as I always observe separation of powers," he said.

In a separate interview, Dela Rosa said that it is a “trend” in the Philippines that the charges filed in a certain administration are being dismissed after their term.

“I cannot really say with certainty na mahina ‘yung kaso because it withstood the time of [former President Rodrigo Duterte’s] term, ‘di ba?  After his term ito na ngayon dahan-dahang nadi-dismiss at nabibigyan ng bail. Does it mean malakas siya noon tas ngayon humina na? Di naman siguro because the facts are the same. The circumstances are the same,” Dela Rosa, who was the PNP chief when De Lima was arrested, said.

(I cannot really say with certainty that the cases are weak because it withstood the time for President Duterte’s term, right? After his term, that’s when the cases against De Lima were dismissed and was granted bail. Does it mean the cases were strong during the last administration and now, they are already weak? I don’t think so because the facts are the same. The circumstances are the same.)

“Naging trend naman talaga ‘yan dito sa Pilipinas. Kapag ‘yung administrasyon nag-file ng kaso, pag napalitan ‘yung administrasyon tila humihina ang kaso. Parang ganon ang napapansin kayo. That’s my plain observation,” he added.

(That has become a trend in the Philippines. The cases filed by the past administrations are becoming weak under the new administration. That’s my plain observation)

Asked how he feels about De Lima’s temporary freedom, Dela Rosa said “Masaya ako para sa kanya. One soul that is freed from detention, masaya ako para sa kapwa ko tao. Kung masaya siya edi masaya din ako.”

(I am happy for her. I am happy if there’s one soul that is freed from detention. I am happy for my fellow human. If she is happy then I am happy.)

Meanwhile, opposition Senator Risa Hontiveros, De Lima’s ally, said this development is a “big vindication” for the former senator and the entire opposition.

“Si Senator Leila na miyembro ng oposisyon na pinakasumalo ng pinakamalakas na dagok mula sa administrasyong Duterte. Si Sen. Leila na nag-labor sa ilalim ng tatlong walang kakwenta-kwentang kaso at kailangang hintayin na isa-isang mag-recant 'yung mga diumanong saksi laban sa kanya at sa wakas, makapakinabang sa karapatan niyang simpleng mag-post ng bail bilang bahagi ng due process,” she said.

(Senator Leila is the opposition figure who suffered the most from the Duterte administration. She went through three nonsense cases and she had to wait for the supposed witnesses to recant their statements against her. Finally, she was granted her right to post bail which is a part of due process.)

Hontiveros also said that this development is “partly an indictment” of the country’s judicial and political processes.

Asked about her thoughts on the temporary freedom granted to De Lima under the Marcos administration, Hontiveros said not interfering with the cases is the least that any administration can do.

“That's the least that any administration could do. Dahil napakatagal nang kinasangkapan at wineaponize ng gobyerno ang justice system pero para sa injustice. So that's the least any new administration can and should do either bigyang-daan yun or wag nang hadlangan,” she said.

Senator Grace Poe said that seven years of incarceration is long and arduous.

"Mayaman o mahirap, hindi makatarungan ang manatili nang mahabang panahon sa kulungan dahil sa mabagal na proseso ng batas," she said in a statement.—with reports from Joviland Rita, Hana Bordey, KG/AOL/BM//LDF, GMA Integrated News