MANILA, Philippines – Muntinlupa City Regional Trial Court Branch 256 denied former senator Leila de Lima’s petition for bail, blocking a chance for temporary freedom after years in detention.

The court denied the petition on Wednesday, June 7. This was confirmed by her lawyer Boni Tacardon.

In its resolution, the court said De Lima’s plea for bail on “humanitarian considerations is untenable.” De Lima mentioned she is now a senior citizen and has several medical issues. She also said she is not a flight risk, but the court said these grounds are “not compelling.” De Lima turns 64 in August of this year.

Even if Muntinlupa City RTC Branch 204 acquitted De Lima on one of the remaining charges on May 12, the former lawmaker will still not be freed since the petition for bail before RTC Branch 256 was denied.

The latest resolution stemmed from the De Lima camp’s supplemental omnibus motion, which asked the court to drop the drug-related charge against the former lawmaker or grant her petition for bail. In early February, Tacardon, one of the former senator’s legal counsels, said they will push again for bail after key witnesses retracted their statements.

In their first application for bail, the judge said there was evidence against De Lima, citing former Bureau of Corrections officer in charge Rafael Ragos’ statement. Since Ragos already recanted his allegations, there would no longer be evidence against De Lima.

Under the current administration, Justice Secretary Jesus Crispin “Boying” Remulla earlier said they would not oppose De Lima’s petition for bail or her petition for writ of habeas corpus. After the Supreme Court’s ruling on Gigi Reyes, Juan Ponce Enrile’s ex-aide tagged in the pork barrel scam, the extraordinary writ can now be invoked to seek temporary release on the grounds of right to a speedy trial. (READ: How the SC ruling on Gigi Reyes’ release changes the game on habeas corpus)

On February 24, De Lima marked her sixth year under detention.

De Lima camp to seek reconsideration of denial

In a statement, De Lima’s camp reacted to the denial of their petition for bail and said they did not expect the decision. They will ask the court to reconsider the bail denial through a motion for reconsideration (MR). 

“Umaasa tayo na sa ating MR, makikita ng Korte ang posisyon namin na hindi kailanman magiging katanggap-tanggap o maaaring pagkatiwalaan ang testimonya ng mga convicted criminals, lalo pa kung may galit sila sa akusado na kanilang pinararatangan,” her camp said. 

(We are hoping that in our MR, the court will see our position that it will never be acceptable or we can never trust the testimonies of convicted criminals, especially if they hold grudges on the person they are accusing.)

On Wednesday night, Remulla, reacting to the bail denial, said the court should be respected for its ruling. Remulla also took a swipe at De Lima’s lawyers for not using habeas corpus as the basis for the former lawmaker’s release. 

The DOJ chief reiterated that the prosecution would not have objected to the petition for bail if it was based on humanitarian grounds. 

“Sana ‘yon na lang sinulat nila at naghintay muna ‘yong kanyang abogado. Sinabi na namin na ‘di naman papalagan kung gano’n ang naging dahilan,” Remulla told reporters. “Pero gusto nilang magpasikat ng gano’n, o magparinig o magpahiwatig na ang tingin nila ay kayang-kaya nila ang kaso. ‘Yon ang kanilang desisyon eh.”

(They should have written that instead and her lawyers should have waited. We already said that we will not oppose it if they will file a petition on humanitarian grounds. But it seems they want to show off or convey that they think they can handle the case. That was their decision.)

The resolution

In explaining the resolution, the court said it should resolve whether or not the evidence of guilt against De Lima is strong. Bail would be denied if the evidence is strong, or it would be granted if it was otherwise. 

Muntinlupa City RTC Branch 256, however, said the prosecution was able to prove prima facie, or on first impression, that there was alleged agreement and decision among De Lima and her fellow accused to commit illegal drug trading by using New Bilibid Prison inmates to sell and trade drugs. They used mobile phones and other electronic gadgets.

The court also said it was convinced by the prosecution that there was agreement and a decision among De Lima and her fellow accused to commit illegal drug trading by “receiving proceeds from illegal drug transactions” as testified to by the witnesses. 

There was also an alleged agreement among the accused to commit illegal drug trading by raiding the New Bilibid Prison’s Maximum Security Compound. The raid excluded inmate Jaybee Sebastian, “thereby allowing him to centralize drug trade inside NBP.”

The Muntinlupa court also said it was “unconvinced” by the De Lima camp’s argument that the prosecution’s witnesses – “being convicts for crimes involving moral turpitude” – are not credible and that “they have no capacity and motivation to tell the truth.” 

The court said they are still qualified to be witnesses because “they can perceive, and perceiving, they can make known their perception to others.”

The defense team pointed out that the prosecution’s evidence consisted exclusively of testimonial evidence, but the court found this “inconsequential.”

What is De Lima being accused of?

One of the most vocal critics of Duterte and his bloody drug war, De Lima was charged with at least three drug-related cases. She was accused of allegedly enabling the drug trade inside the New Bilibid Prison to fund her 2016 senatorial campaign.

While under detention, two key witnesses in her case – Kerwin Espinosa and Ragos – recanted their accusations. According to Espinosa, he was “coerced, pressured, intimidated, and seriously threatened” to make his previous allegations against De Lima. Ragos, in 2022, revealed he was forced to lie by former justice secretary Vitaliano Aguirre II.

Ragos’ recantation was a big blow to the prosecution because he was the Department of Justice’s (DOJ) star witness and his testimony pushed the judge to proceed to trial.

Aside from charges, De Lima faced various challenges in her fight for freedom.

Before she was detained, the probe into her alleged ties to the drug trade became highly publicized – and even reeked of misogyny and sexism. The probe, led mostly by male lawmakers, delved into the relationship of the former lawmaker with her ex-aide, Ronnie Dayan. Duterte even called De Lima an “immoral” woman. (READ: ‘Kailan kayo nag-climax?’: Nonsense questions at the Bilibid drugs hearing)

While in detention, De Lima almost lost her life after she was held hostage in October 2022 inside the supposedly secure Philippine National Police Custodial Center. The opposition leader said she thought she would not come out alive.

Clash with Duterte

De Lima and Duterte’s long-standing disagreement could be traced back to when De Lima was still the chairperson of the Commission on Human Rights (CHR). During her stint as CHR head, she probed into the killings of the so-called Davao Death Squad (DDS).

Whistleblowers alleged they carried out kill orders from Duterte himself.

As a senator, De Lima headed the probe into Duterte’s drug war, which took the lives of at least 6,000 people – 30,000 if vigilante-style killings are included – according to human rights groups. De Lima even presented self-confessed DDS member Edgar Matobato, who affirmed that they took orders from Duterte.

Matobato also revealed in a 2016 Senate hearing that there was a planned ambush against De Lima when she was still the CHR chief. – Rappler.com