Court denies top Duterte critic’s bail plea in drug case

By John Victor D. Ordoñez, Reporter

A TRIAL COURT has rejected the bail plea of detained former Senator Leila M. de Lima, one of former President Rodrigo R. Duterte’s fiercest critics, who has been in jail since 2017 on drug trafficking charges.

In a 35-page decision sent to reporters on Wednesday, Muntinlupa Regional Trial Court Branch 256 Presiding Judge Rome S. Buenaventura said the tribunal could not grant the motion for bail because it could not overlook the testimonial evidence against her.

“In finding evidence of guilt strong, the court does not in any way prejudge what the final outcome of the case will be,” the magistrate said. 

“The culpability or innocence of the accused will still be decided on the basis of all evidence presented by the parties and only after trial on the merits.”

Ms. De Lima is being tried for allegedly conspiring to commit illegal drug trading during her term as justice secretary. The case is based on testimonies provided by inmates from the national penitentiary.   

The offense is non-bailable, but petitions for bail may be granted if the accused can prove to the court that the evidence of guilt is not strong.

The trial court noted that the Oct. 9 incident of Ms. De Lima being taken hostage by inmates was not a danger to her life, calling it an isolated incident.

It said the national police headquarters in Quezon City, where the lawmaker is being detained, should reevaluate its security protocols and visitation guidelines to ensure the safety of its detainees.

The former lawmaker and her former aide were acquitted on May 12 in separate drug trafficking charges, with the Muntinlupa court citing reasonable doubt.

Government prosecutors appealed the decision shortly after, despite the rule of double jeopardy, which prevents someone who has been acquitted from being charged with the same crime. The state argued that the retraction of former prison chief Rafael Z. Ragos was not enough to acquit her.

Justice Secretary Jesus Crispin C. Remulla said in February his agency would not oppose a bail plea by Ms. De Lima.

The former lawmaker faces one more illegal drug case. The trial court dismissed her first drug case in 2021. 

Four witnesses have recanted their testimonies on Ms. De Lima’s alleged involvement in the illegal drug trade. All have claimed to have been coerced by the Duterte government into giving false testimonies.

Amnesty International has said the trial court’s decision to acquit her was “long overdue,” urging the government to immediately drop the former lawmaker’s remaining drug case.

In 2016, Ms. De Lima led a Senate probe into vigilante-style killings in Davao when Mr. Duterte was still mayor and vice mayor of the city. She was arrested a year later after allegations of her involvement in the illegal drug trade.

The former senator has asserted her innocence, saying she was being tried for criticizing the government’s deadly drug war. Last year, the Ombudsman cleared her and her former aide of bribery charges for lack of evidence.

At least 6,117 suspected drug dealers had been killed in police operations, according to data released by the Philippine government in June 2021. Human rights groups estimate that as many as 30,000 suspects died.