Carpio on De Lima's bail release: Dapat noon pa

Retired Supreme Court Associate Justice Antonio Carpio on Wednesday welcomed the recent release of former Senator Leila de Lima on bail, saying her motion should have been granted a long time ago as the drug charges against her were baseless.

“Well, it’s good that finally bail has been granted because, you know, under the Constitution, when you are charged with a crime and the evidence of guilt is not strong, you have a right to bail. It’s your right to bail,” Carpio said in an ambush interview.

“Dapat binigay itong right to bail noon pa (her bail plea should have been approved a long time ago). Kasi wala naman talaga, walang base talaga (because the case is really nothing, it’s baseless),” he added.

After almost seven years in detention over drug charges, De Lima was freed on bail on Monday in connection with her remaining drug case before the Muntinlupa Regional Trial Court (RTC) Branch 206.

De Lima was accused by the Duterte administration of benefiting from the illegal drug trade inside the New Bilibid Prison (NBP) during her stint as secretary of the Department of Justice (DOJ).

De Lima’s 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 her and Ronnie Dayan, her co-accused and former bodyguard.

All three cases were filed before a Muntinlupa court in February 2017.

Carpio said he had believed from the start that there was no case against De Lima.

“Sabi ko wala talaga (I really said it’s nothing). This is persecution, not prosecution. That was my dissent… I mean, from the very start sabi ko (I said), walang kaso ito (there’s no case here),” Carpio said.

The former justice stressed that there were no drugs presented.

“I said that you are saying that there is a conspiracy, she is part of a conspiracy to manufacture and sell drugs, illegal drugs. But where are the illegal drugs?" Carpio said.

When asked if the recantation of the witnesses against De Lima may be used to file a counter-case, Carpio declined to comment, saying her remaining case must first be resolved.

ICC

Meanwhile, citing a Supreme Court decision, Carpio said the Philippines has an obligation to cooperate with the International Criminal Court (ICC) in its investigation into the Duterte administration’s war on drugs.

“So we have the obligation to cooperate, sinabi mismo ng Supreme Court ‘yan (it was the Supreme Court who said that). So  I will just cite the Supreme Court decision,” Carpio said.

“We have the obligation to cooperate because these are crimes committed before — alleged to have been committed before — we withdrew [from the Rome Statute]. Obligasyon natin eh  (It’s our obligation). I am just quoting the ng Supreme Court. It was a unanimous decision," he added.

Carpio may be referring to the ruling of the Supreme Court on the case of Cayetano v. Pangilinan, where the Court said that “withdrawing from the Rome Statute does not discharge a state party from the obligations it has incurred as a member.”

“A state party withdrawing from the Rome Statute must still comply with this provision. Even if it has deposited the instrument of withdrawal, it shall not be discharged from any criminal proceedings. Whatever process was already initiated before the International Criminal Court obliges the state party to cooperate,” the SC said.

“Until the withdrawal took effect on March 17, 2019, the Philippines was committed to meet its obligations under the Rome Statute. Any and all governmental acts up to March 17, 2019 may be taken cognizance of by the International Criminal Court,” it added.

‘Carpio’s opinion’

When sought for comment, Justice Secretary Jesus Crispin Remulla said this was Carpio’s opinion.

“Ang sa atin po ay hindi na tayo miyembro ng ICC. At mahalaga ay makipagusap sila sa atin kung meron silang reklamo at subukan muna nila ang ating sistema,” Remulla said at a media briefing.

(For us, we are no longer members of the ICC. And it’s important for them to talk to us if they want to complain and try our system.)

“Umaandar ang ating sistema ng hustisya. Maliwanag ‘yan dito pa lang sa pag bibigay ng pyansa kay Senator [and] former Secretary of Justice Leila de Lima,” he added.

(Our justice system is working. It’s clear through the granting of bail to Senator [and] Former Secretary of Justice Leila de Lima.)

Remulla also said that they consider the SC decision to be “obiter dictum” and not “ratio decidendi” or the reason for the decision.

“Kaya… wala po itong bisa sa pagtingin sa kasong ito,” he said.

In 2019, the Philippines, under then-President Rodrigo Duterte, withdrew from the Rome Statute, the treaty that established the ICC, after the tribunal began a preliminary probe into his administration’s drug war, followed by the launch of a formal inquiry later that year.

In October, lawmakers renewed the call to allow the ICC to probe the drug war.

Under the drug war, at least 6,200 suspects were killed in police operations based on government records. Human rights groups, however, claimed the actual death toll could be from 12,000 to 30,000. —KBK/RSJ, GMA Integrated News