Although I was an original convenor way back in 2018 of the Free Leila De Lima Committee, the president of the Movement Against Disinformation which has committed to support De Lima because of how disinformation was weaponized against her, and a collaborating counsel to her incredibly good defense team, I can be objective about this case and extract lessons for all of us.

First, let’s be clear that Monday, November 13, 2023, was a happy and great day. Senator Leila can go home to her loved ones. She can visit her mother in Iriga City, in Bicol. She can be with her friends and converse with them as long as she wants. She can use a cell phone and computer. She can eat out. She can travel abroad – for example to Rome with Fr. Albert Alejo and a big community of Bicolano OFWs who are waiting to pamper her and tour her around – for now with the permission of the court but soon, when this final case is dismissed, such permission will not be necessary. 

Second, while November 13 was a good moment for the justice system, we must never forget that an innocent woman was jailed for nearly seven years – only for all the cases to be dismissed for lack of evidence against her. This was political prosecution – let’s call a spade a spade – and the Department of Justice, the prosecutors, the courts that were assigned to the case early on, even the Supreme Court, should have thrown out this case at the beginning. There is a precedent for such cases – Brocka versus Enrile – where the Supreme Court did not countenance a prosecution that was biased, vindictive, and political.

Third, Senator Leila is not the only victim of an unjust justice system. She is not the only victim of political prosecution. Dozens, if not hundreds, have been arrested and still detained because of planted or weak evidence. Lumad teachers and students, Cordillera activists, environmental and human rights defenders, and others have to deal with the weaponization of laws – from the anti-terror law to the Public Assembly Act. This must stop. In addition, others are serving prison time unjustly. Senator de Lima was the country’s most famous political prisoner; there are many others.  

Fourth, we have many good trial judges. Judge Abraham Joseph Alcantara, who acquitted De Lima in an earlier case, and Judge Gener Gito who today granted bail to her are not exceptions. We want to encourage these competent and independent-minded jurists at all levels of the judiciary. Many of them are my students or my colleagues as in the case of Judge Gito in the University of Makati School of Law. But the problems are structural – in the rules of court for example – that enable political prosecution and the kind of delay we saw in this case. Let’s fix that once and for all. I have faith that the current reform-minded Supreme Court, led by Chief Justice Alex Gesmundo, will do that. 

Fifth, Senator Leila is the poster woman of disinformation enabled by social media platforms. Others less prominent – journalists, teachers, activists, etc. – have also been targeted. The Movement Against Disinformation stands with all of them and will fight so-called influencers, red-taggers, and the social media platforms so this ends once and for all. We hope that the courts and the relevant administrative agencies will do their part to stop this scourge of society.  

Sixth, Senator Leila correctly thanked the Marcos government for not interfering with the judicial process as the last administration did. For sure, the senator did not reach a political accommodation with the current administration; she just wanted complete legal vindication and she got that. Still, that the executive branch allowed the judiciary to do its job is a big thing for this country. It does not always happen. As I have told colleagues, this case and the justice system has broken my heart many times. It did not do so on Monday. 

Seventh, President Marcos will be applauded for this decision in the forthcoming APEC forum and other meetings where he will meet foreign leaders. I hope that the president will realize that being good in human rights is good for his image – and is for sure good for the country. I hope that Marcos will make it a cornerstone of his government to uphold human rights, not to be content to not being a Duterte but to do better even than PNoy and Arroyo. 

Eighth, we must be vigilant about our human rights, the rule of law, and access to justice in this country. We must fight for not just our own rights but for the rights of everyone. In the case of Senator de Lima, there was a broad alliance of political and citizen groups that stood with her. Let’s do that also with other political prisoners – give them our full support – regardless of political affiliation. 

Ninth, on a personal note, in the many years I have known Senator Leila – from the time she was chair of the Commission on Human Rights to her stints as secretary of Justice and senator and in the years of her unjust detention, I have seen a person grow in wisdom, becoming stronger in front of suffering, and gentler and kinder in the face of adversity. 

Tenth, do not lose faith. The Lord of History will never abandon us. Senator Leila never lost faith. Hope is always the last word. 

#SanaAllTuladNiLeila is my hashtag today. – Rappler.com

Tony La Viña teaches constitutional law at the University of the Philippines and several Mindanao law schools. He is former dean of the Ateneo School of Government.