De Lima says bail was granted 'purely on merit,' not because of recantations

Former senator Leila de Lima on Wednesday stressed that her bail was approved due to the merits of the testimonial evidence coming from prosecution witnesses and not because of the recantation of witnesses. 

Interviewed on Unang Balita, De Lima, who was recently freed on bail after nearly seven years in detention, hit back at the camp of former President Rodrigo Duterte which said that if the grant of bail is based on the recantation of witnesses, the court may have been "oblivious" on jurisprudence on the effect of recantation of witnesses.

“Hindi tamang sabihin na kaya nabigyan ako ng bail dahil sa recantation ng mga testigo. Dito sa kasong ito, lalo na sa bail hearing, walang witnesses na nag-recant pa. So ang naging basehan ng pagbigay ng bail sa akin o sa aking co-accused ay ‘yung mismong pag-assess nung merits nung mga testimonial evidence, ‘yung mga testigo ng prosecution na hindi pa mga nagre-recant as of now,” she explained. 

(It is not correct to say that I was granted bail because of the recantation of the witnesses. In this case, especially during the bail hearing, no witnesses have recanted yet. So the basis for the granting of bail to me or my co-accused was the very assessment of the merits of the testimonial evidence, of the prosecution witnesses who have not recanted as of now.) 

The former lawmaker said that none of the 11 witnesses presented by the prosecution during the bail hearing have recanted their allegations against her yet. She said some have expressed intentions to recant, but they still had to formalize their recantations. 

“So that is not a factor at all. Purely on the merit. Hindi tama ‘yun. Walang nagpahina sa kaso kundi mismo ‘yung testimonya ng mga prosecution witnesses,” De Lima said.

(Nothing weakened the case but the testimony of the prosecution witnesses.) 

Salvador Panelo, chief legal counsel during the Duterte administration, earlier claimed that “the recanting witnesses have not proven before the court that their previous adverse testimonies on De Lima were done under the threat or that they were coerced into falsely testifying before the court.”

He added that even without the testimonies, "there is strong evidence establishing the guilt of the accused beyond a reasonable doubt."

De Lima, a vocal critic of Duterte during his term, was released from the Philippine National Police (PNP) Custodial Center in Camp Crame, Quezon City on Monday night after posting bail.

This was after the Muntinlupa Regional Trial Court (RTC) Branch 206 granted her motion for reconsideration on her bail petition in her remaining drug case.

Angry at Duterte?

Asked if she is angry with Duterte or with former Justice Secretary Vitaliano Aguirre, De Lima said that what she is feeling is hard to describe, but pointed out that it is clear to her that she was only jailed just to be silenced and destroyed. 

“Alam naman nilang wala akong kasalanan. Hindi ko ginawa ang mga akusasyon na sinasabi nilang na involved daw ako sa droga. That’s absolutely false. Tapos kinasuhan ako at kinulong ako. So what do you think I’m gonna feel? Kaya ang sinasabi namin is that hindi puwedeng palusutin na lang ito. Hindi naman pwedeng wala ka na lang gagawin. It's all a matter of justice,” she said.

(They knew that I was innocent. I'm not involved in illegal drugs as they accused. That's absolutely false. Then I was charged and imprisoned. So what do you think I'm gonna feel? They can't just be excused for what they did. We can't just do nothing. It's all a matter of justice.) 

De Lima also said that she has forgiven those who testified against her, but admitted that it is hard for her to forgive those behind her imprisonment. 

“Pinatawad ko na silang mag-testigo o kung sino man inutusan na pumilit sa kanila o kumausap sa kanila to falsely testify against me. Pero mahirap atang patawarin at this point yung pinaka nasa likod niyan. Siguro naman maintindihan ako ng mga tao,” she added. 

(I have forgiven those who testified or anyone who ordered to coerce them or talk to them to falsely testify against me. But it's hard to forgive at this point the one behind that. Maybe people will understand me.) 

De Lima on Monday said that while pursuing counter-charges against those behind her detention for drug charges is always an option, she is still discussing with her lawyers about definite plans to do so.

She also said that she has no political plans as of now, and is only eyeing to get back to practicing law and teaching. —KBK, GMA Integrated News