Court denies DOJ motion to consolidate drug cases vs De Lima

Lian Buan

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Court denies DOJ motion to consolidate drug cases vs De Lima
'The court finds no merit in the consolidation of the 3 aforementioned cases to one court as the accused in said cases are different,' says Muntinlupa RTC Judge Juanita Guerrero

MANILA, Philippines – The Muntinlupa Regional Trial Court (RTC) has denied the motion to consolidate the 3 drug charges of detained Senator Leila de Lima in one sala.

Muntinlupa RTC Branch 204 Judge Juanita Guerrero denied the motion of the prosecution on March 30. A copy of the court decision was furnished to De Lima’s lawyers on April 17.

“The court finds no merit in the consolidation of the 3 aforementioned cases to one court as the accused in said cases are different and the cases involved different incidents. Further, the consolidation would lead to prolonged trial,” Guerrero wrote in her decision.

The case before Guerrero involves De Lima’s bodyguard, Ronnie Dayan; and former Bureau of Corrections (Bucor) officer-in-charge Rafael Ragos, both also detained.

Branch 206 is handling the case against De Lima, with former Bureau of Corrections (Bucor) chief Franklin Jesus Bucayu and inmate Jaybee Sebastian as co-accused.

Branch 205 is handling the case against De Lima and a certain Jad De Vera, described as a bagman, as her co-accused. (READ: EXPLAINER: What is Leila de Lima being accused of?)

Prosecutors from the Department of Justice (DOJ) had wanted all 3 charges against De Lima consolidated and handled by just one judge – Guerrero, who issued the arrest warrant against the senator. (READ: Who is the judge who ordered De Lima’s arrest?)

Guerrero is a respondent in De Lima’s petitions before the Supreme Court (SC).

According to the DOJ prosecutors, there is a valid reason to consolidate because the cases “arose from similar set of facts, there are common parties and issues, and interrelated evidence will be presented in court.”

De Lima’s lawyers initially wanted the charges to be filed in just one branch of the RTC, and even called the move to file cases in 3 separate branches a deliberate attempt to increase the odds of one of them issuing a warrant of arrest.

The De Lima camp opposed it after the prosecutors moved for consolidation since it believed that Guerrero had “erroneously” issued the arrest order and warrant against the senator. (READ: 3 women judges to hear De Lima drug cases)

In their opposition to the motion, De Lima’s lawyers said that consolidation was not proper because the issue of jurisdiction is still in contention. (READ: CJ Sereno keen to resolve jurisdiction issues in De Lima case)

Guerrero also allowed Ragos to undergo laboratory tests at the Our Lady of Mercy Hospital in Bulacan. Ragos was previously seen by a medical officer at the National Bureau of Investigation who recommended it.

Guerrero is yet to issue a ruling on De Lima’s motion to quash. The Supreme Court is also set to rule on De Lima’s petitions which, if favorable to senator, will allow the senator temporary freedom. Rappler.com

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Lian Buan

Lian Buan is a senior investigative reporter, and minder of Rappler's justice, human rights and crime cluster.