Court refuses to block convicts from testifying vs. De Lima

A Muntinlupa court has denied Senator Leila de Lima's bid for the disqualification of 13 convicted individuals from testifying for the government in the drug case against her.

In a Monday order, Judge Lorna Navarro Domingo of the Muntinlupa Regional Trial Court's Branch 206 junked De Lima's motion to disqualify 13 prosecution witnesses for being "devoid of merit."

De Lima moved for the disqualification of witnesses who are serving sentences of reclusion perpetua after being convicted of crimes involving "moral turpitude," such as robbery, murder, homicide, and violation of the Dangerous Drugs Act.

Citing Republic Act. No. 6981 or the Witness Protection, Security and Benefit Act, De Lima's lawyers argued that the following witnesses should be disqualified due to the crimes they were convicted of:

• Nonilo Arile - Murder and kidnapping
• Jojo Baligad - Murder
• Herbert Colangco - Robbery with homicide
• Engelberto Durano - Frustrated murder and murder
• Rodolfo Magleo - Kidnapping for ransom
• Vicente Sy - Illegal sale and delivery of methamphetamine hydrochloride (shabu)
• Hans Tan - Robbery and direct assault with murder
• Froilan Trestiza - Kidnapping
• Peter Co - Illegal sale and delivery of shabu
• Noel Martinez - Kidnapping for ransom
• Joel Capones - Homicide
• German Agojo - Illegal sale and delivery of shabu
• Jaime Patcho - Kidnapping for ransom

However, Domingo sided with the prosecution, which said that these individuals are not accused in the conspiracy to commit illegal drug trading case against De Lima.

More, the judge cited court rules that state that "all persons who can perceive, and perceiving, can make known their perception to others, may be witnesses."

"Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification," the ruling said, quoting Rule 130, Section 20 of the Rules of Evidence.

Mental incapacity or immaturity and privileged communication, meanwhile, can be grounds for witness disqualification, the order said. — BM, GMA News