DE LIMA DRUG CASE | Muntinlupa court dismisses one of three drug charges against senator

February 17, 2021 , 07:19 PM

(February 17, 2021) – A local court on Wednesday dismissed one of the three drug cases against a detained senator for “insufficient evidence” after prosecutors failed to present evidence linking the legislator to illicit drug trade.

The Muntinlupa Regional Trial Court (RTC) Branch 205 said prosecutors were unable to prove Leila de Lima had consented to illegal drug trade with Jose Adrian Dera, a co-accused, at the national penitentiary, which was under her control as justice secretary in the past administration.

In her decision, Judge Liezel Aquiatan said the established connection between the two was crucial to prove that De Lima indeed benefited from the money Dera collected from the illegal drug trade.

“While there exist a factual link that Peter Co delivered money to Dera through his bank transactions, this Court is convinced that the prosecution did not present sufficient evidence to establish Dera’s relationship or connection with De Lima,” read a portion of the ruling, adding that the prosecution failed to provide documentary evidence .

The prosecutors only presented testimony to support allegations about the drug trade but the court found them insufficient.

Aquiatan’s decision effectively grants De Lima’s pleading for demurrer to evidence, which sought the court’s immediate dismissal of charges, but only in this specific case. De Lima would have to stay in prison as two other cases are being heard by the courts.

Boni Tacardon, one of De Lima’s legal counsels, said this ruling could boost their efforts to fight other charges filed against the lawmaker.

“Sa tingin namin, malaki ang epekto [nito] sa magiging sunod na laban namin dahil kahit papaano, napapatunayan natin na basura lang ang mga akusasyon kay Senador Leila de Lima,” Tacardon said.

Dera’s demurrer pleading was thrown out but he was allowed to post bail worth P500,000 while his case is being heard. The court said Dera should be responsible for his own actions as they found sufficient evidence to believe he benefited from the illegal drug trade in prison.

“Notwithstanding the dearth of evidence to establish that De Lima has a hand in the proliferation of drug trading in so far as this case is concerned, it can be deduced from the evidence presented that Dera had participated in the drug trading inside the NBP and he benefited from it as evidenced by the statement of his bank accounts,” the court further added.

De Lima’s demurrer pleading for her other case with Ronnie Dayan, however, was dismissed by the same court. Bail petition for this specific case was also denied as hearings continue, but De Lima’s lawyers will file a motion for reconsideration on the court’s decision.

“Ang defense team ay magtatrabaho muli para mailabas natin ang tunay at talagang nangyari noong mga panahon kung saan secretary of justice si Senator de Lima at confident pa rin talaga kami, kahit si Senator de Lima, [na] sa dulo, pagdating sa huli, mapapatunayan n’ya ang kanyang pagkainosente,” Tacardon said.

In her pleading filed last month, De Lima said prosecutors were unable to provide clear evidence proving the lawmakers’ violations of the Dangerous Drugs Act, saying that the witnesses and documents presented were not competent enough to say that money from the illegal drug trade was provided to De Lima.

But the court noted that both De Lima and Dayan still need to explain their counter-arguments on the testimonies provided by the witnesses which, if unrebutted, could provide “sufficient evidence to sustain a verdict.”

De Lima has been in prison for four years due to allegations linking her to the illegal drug trade. She was also accused of conspiring to commit illegal drug trading which she allegedly used in her campaign funds for her senatorial bid in 2016. De Lima has vehemently denied these allegations, adding that these charges were politically motivated.

“To jail one innocent person—whoever they may be—is an insult to every Filipino who deserves a better government, and an assault on the future of our country,” De Lima said in a statement.

“Nananatili akong matatag: Patuloy sana ninyo akong ipagdasal, patuloy tayong manalangin na mangibabaw ang hustisya.”

(Beatrice Puente/MM)

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