Muntinlupa RTC acquits de Lima in 1 of 2 remaining drug cases

By Joel R. San Juan

THE Regional Trial Court (RTC) of Muntinlupa City Branch 204 on Friday acquitted former senator Leila de Lima of the conspiracy to commit illegal drug trading inside the New Bilibid Prison (NBP) in Muntinlupa City on the ground of “reasonable doubt.”

T he acquittal leaves de Lima with one remaining drug case before the Muntinlupa RTC Branch 256, which earlier deferred its ruling on the latter’s petition for bail.

Also acquitted by the court is de Lima’s co-accused bodyguard Ronnie Dayan, who is also a co-accused in the remaining drug case.

De Lima was immediately brought back to her detention cell at the Philippine National Police (PNP)-Custodial Center following the promulgation.

“ Glorious day, beginning of my vindication,” de Lima told reporters while she was being whisked away from the courtroom back to the PNP detention facility.

“I ha ve no doubt from the very beginning that I will be acquitted in all cases the Duterte regime has fabricated against me based on the merits and the strength of my innocence,” she said in a separate statement.

D e Lima also asked her supporters to continue praying for her while she is still awaiting the result of her petition for bail in the third and remaining drug case.

“Humihingi pa rin po ako ng maraming dasalparasaisapangkaso [I am asking you for more prayers for my other case],” the former senator said.

It can be recalled that there were three drug cases filed against de Lima during the term of her political nemesis, former President Rodrigo R. Duterte, which she maintained were all “fabricated.”

In 2021, the Muntinlupa RTC Branch 205 dismissed the first drug case after granting her demurrer to evidence on the ground that the evidence presented by the prosecutors was insufficient to warrant the continuation of the trial.

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. I am extremely grateful to all those who stood by and prayed for me all these years,” de Lima said.

Reacting to de Lima’s second acquittal, Justice Secretary Jesus Crispin Remulla said: “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. So it’s good, it’s good for us.”

Recantation leads to de Lima’s acquittal

Branch 204 Presiding Judge Abraham Joseph Alcantara gave weight to the recantation of prosecution’s main witness, former officer-in-charge (OIC) of the Bureau of Corrections (BuCor) Rafael Ragos in junking the drug case.

R agos executed an affidavit on September 5, 2016 claiming that in November 2012, as BuCor OIC and together with aide Jovencio Ablen, they delivered a black bag containing P5 million to de Lima and her bodyguard Ronnie Dayan at the former’s residence in Parañaque. He added that they made another delivery of the amount of P5 million contained in a plastic bag in December 2012 to de Lima and Dayan.

T he money, according to Ragos, came from the proceeds of the drug operations of several high-profile inmates inside the NBP.

However, Ragos recanted his statements against de Lima in his affidavit executed in May 2022.

R agos accused then Justice Secretary Vitaliano Aguirre of coercing him to execute an affidavit implicating de Lima in the NBP drug trade.

W hile recantations are usually viewed with suspicion and reservation, the trial court said, retractions could be considered and upheld in special circumstances.

The general rule is that recantations are hardly given much weight in the determination of a case and in the granting of a new trial. The rare exception is when there is no evidence sustaining the judgment of conviction other than the testimony of a witness or witnesses who are shown to have made contradictory statements as to material facts under which circumstances the court may be led to a different conclusion,” the trial court pointed out.

In this case, the court said, Ragos’ testimony is necessary to secure a conviction.

Without his testimony, the crucial link to establish conspiracy is shrouded with reasonable doubt. 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,” the court declared.

T he trial court also stressed that while the courts support the government’s all-out effort to combat the proliferation of illegal drugs, this “cannot come at the expense of disregarding the rule of law, evidence and established jurisprudence.”

THE European Union (EU) and Germany lauded the acquittal of de Lima on the second charge filed against her.

“This is a very important step and I wish her to recover her liberty very soon,” EU Ambassador to Manila Luc Véron said.

German Ambassador to the Philippines

Anke Reiffenstuel also welcomed the “progress” with the local court decision to acquit her.

“The rule of law is essential for a functioning democracy and important for further strengthening Philippine— German relations. Germany will continue to follow the remaining case in which Leila de Lima filed a petition for bail,” Ambassador Reiffenstuel said.

Germany is also a member of the EU.

The United States Embassy in Manila, for its part, said it will not issue any statement on de Lima’s acquittal.

‘Real crime was her arrest’

SAYING “the real crime has always been her arrest,” Senate Minority Leader Risa Hontiveros led those who welcomed Friday’s acquittal of former senator de Lima, who has been detained for six years.

Hontiveros said she expects de Lima’s “full vindication and eventual liberty” as the courts continue with her trial on other charges related to the original drugs case she was accused of in early 2017 after a longrunning war with then-President Duterte.

“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.”

Hontiveros said in a statement.

For his part, former Senate President Franklin Drilon said in a radio interview that the acquittal on one case is significant but noted that de Lima has a pending petition for bail on another charge. Still, said the former justice secretary, there is no way the case for which she was acquitted can be regurgitated, as such would constitute “double jeopardy.”

Told that the focus of the last case is alleged drug money, Drilon said he is not familiar with the last case. However, he said, “The witnesses across the cases are mostly the same,” adding that the “principal witness has recanted.”

He stressed that de Lima deserves to be granted bail “without prejudice to the trial continuing.”

Drilon said the de Lima case provides yet another illustration of the need for judicial reforms so that people accused unjustly do not languish in jail for so long even while their guilt has not been established.

This is why, he stressed, bail “is a matter of right” under the Constitution, “except in capital offenses where life imprisonment angpenalty, where the evidence of guilt is strong.”

The rights advocacy group LILAK also lauded the acquittal of de Lima on one of two remaining charges filed against her. “The acquittal of senator Leila proves her innocence from the made-up and fabricated cases,” it said, noting that “in 2022, witnesses have already retracted their statements and admitted that they were threatened to stand against senator Leila.”

It concluded: “The accusations against Sen. Leila are nothing but lies aimed at destroying her reputation as a human rights defender. Six years of detention is unjust, and her release has been long overdue. While real perpetrators and human rights violators are walking scratch free without accountability.”

Meanwhile, in a separate statement, a church-based group led by bishops from the Catholic Church and the Iglesia Filipina Independiente as well as Protestant churches urged the court to dismiss the last case against her.

“We underscore the blatant misogyny and demagoguery that led to her political frame-up and detention under fabricated charges. Such underhanded and despicable machinations have no place in a democratic society,” said the statements, signed by Bishop Broderick S. Pabillo, D.D. Apostolic Vicar of Taytay, Palawan; Bishop Gerardo Alminaza, D.D., of the Diocese of San Carlos, Roman Catholic Church; Minnie Ann MataCalub, Acting General Secretary, National Council of Churches in the Philippines; Bishop Rhee M. Timbang of the Iglesia Filipina Independiente; Bishop Emergencio Padillo of the United Church of Christ in the Philippines (UCCP); Right Revd. Dindo C. Ranojo, IFI, General Secretary, Ecumenical Bishops Forum; Rev. Dr. Federico Villanueva, Faith and Bayan Sr. Rowena Pineda, MMS, Chairperson, Sisters Association of Mindanao (SAMIN) Sr. Ma. Lisa Ruedas, DC, Daughters of Charity, Justice Peace and Integrity of Creation. With Malou Talosig-Bartolome

NGCP calls for holistic approach to power planning after Luzon, Panay brownouts

By Lenie Lectura

THE National Grid Cor - poration of the Philippines (NGCP) on Friday assured that it would complete several large transmission projects within the next few months to help strengthen the transmission system and better support the power system.

“It should be finished. President Anthony Almeda will not accept further excuses of delays. We will make sure that these will be finished this year,” said NGCP spokesperson Atty. Cynthia Alabanza during an online news conference.

Among these transmission line projects include the Mindanao-Visayas Interconnection Project (MVIP), Cebu-Negros-Panay, and Hermosa-San Jose.

The grid operator also stressed the importance for a holistic approach to power planning. “Development in all sectors involved in the power industry must be coordinated, with due attention given to each. We support the Department of Energy in all its efforts, and we are confident of its continued support to all sectors,” the company said in a statement.

It assured the public and its stakeholders that the grid operator is exerting all efforts to implement all necessary solutions to prevent any similar grid incident.

A system disturbance and widespread power outages occurred in Panay Island between April 27 and 29. Last May 8, NGCP’s Bolo-Masinloc 230kV transmission line 2 tripped, which led to the tripping of Masinloc Units 1&2. Thereafter, a red alert warning was raised in the Luzon grid.

NGCP said that while there were grid incidents monitored in both the Luzon red alert last May 8, as well as the Panay Island outages, “These incidents by themselves, ought not to have caused the effects seen.”

“In the case of Panay Island, NGCP’s protection systems, which were communicated and coordinated with its grid connected customers from both the generation and distribution sides, functioned as intended,” the company explained.

“As we explained to Congress yesterday, only the consumers connected to the line that tripped should have been disengaged from the grid. It was unfortunate that a power plant disengaged from the transmission system unexpectedly. This response from the generating unit is both unexpected and undesirable. The resulting undervoltage and underfrequency was severe and unrecoverable, and was the direct cause of the tripping of other power plants connected to the system, and ultimately, the Panay sub-grid collapse,” NGCP said.

With regard to the Luzon red alert, the NGCP said the BoloMasinloc 230kV Line 2 operates with a redundancy. The load carried by Line 2 when it tripped was automatically transferred to Line 1. Each of Lines 1 or 2 is more than capable to singularly carry the entire loading of the Bolo-Masinloc 230kV facility at any time. “It should have ended there. Similarly, there was an unexpected and undesired response from a generating plant which tipped the balance of supply and demand, and a red alert was raised,” NGCP said.

The NGCP stressed that prior to the occurrence of the faults, unplanned outages of plants and the deration of other plants contributed to the situation. “These unplanned outages are outside of the Grid Operating and Maintenance Program planned well ahead and coordinated by NGCP with the power plants and approved by the Department of Energy,” it added.

Saturday, May 13, 2023