De Lima moves for bail in another drug case

Senator Leila de Lima has moved for bail for the second time, claiming that prosecutors have failed to present strong evidence against her.

Through her lawyers, De Lima asked the Muntinlupa Regional Trial Court Branch 205 to rule that she is entitled to bail in Criminal Case No. 17-165, one of the three drug cases against her. 

De Lima's former aide Ronnie Dayan is her co-accused in this case for conspiracy to commit illegal drug trading. They are accused of receiving P10 million from the proceeds of the illegal drug trade in the New Bilibid Prison.

Former corrections officer-in-charge Rafael Ragos was originally a defendant but was dropped from the charges in 2017.

The senator filed her first motion for bail in Criminal Case No. 17-166, in which her co-accused is Jose Adrian Dera, alias "Jad De Vera" and "Jad," last June.

In the second motion for bail, De Lima's lawyers claimed that the prosecution failed to show that the evidence of the senator's guilt is strong.

They said the testimonies of the prosecution's witnesses, including Bilibid inmates, were hearsay, "incredible," or inconsistent.

They said one prosecution witness, retired police general and now Baguio Mayor Benjamin Magalong, "ended up testifying in support of the innocence" of the senator.

Magalong, who was a police official when authorities during De Lima's term as justice secretary raided Bilibid in 2014, testified that he did not receive reports about De Lima being involved in the drug trade.

"Based on the evidence presented thus far, it is clear that even the claim of alleged deliveries of money to her house constituting her alleged share in illegal drugs is a pure concoction, as even the witness who allegedly made it denied any knowledge or involvement in the illegal drug trade," the defense said.

De Lima's lawyers added that there is "absolutely no credible and direct evidence that the instant case involves illegal drugs."

Even considering the allegation that P10 million was delivered to De Lima's house, the lawyers said this does not constitute conspiracy to commit illegal drug trading because "the crime of illegal drug trading had already been consummated by the NBP inmates" by then. 

De Lima's lawyers also claimed she is not a flight risk. 

Asked for comment on the motion for bail, Justice Secretary Menardo Guevarra said filing one is De Lima's prerogative.

"But note that she is facing three drug-related cases, all of which are non-bailable," he said in a message to reporters.

Under the 1987 Constitution, all persons have the right to bail, except those who are charged with offenses punishable by reclusion perpetua, or imprisonment of up to 40 years, "when evidence of guilt is strong." — RSJ/KBK, GMA News