CA denies De Lima's motion to include Ragos as co-accused in drug case

The Court of Appeals has denied the motion for reconsideration filed by detained former Senator Leila De Lima questioning the exclusion of former Bureau of Corrections officer-in-charge Rafael Ragos as co-accused in the drug case.

In a six-page resolution promulgated on July 20, the Appellate Court said that the arguments made by De Lima were “mere reiterations” of points and issues that were previously discussed. It said that no new matter and argument were raised in the motion.

“We find no cogent reason to justify the modification, amendment, or reversal of our Consolidated Decision," the court said.

In her motion, De Lima said the court committed grave abuse in excluding Ragos as her co-accused. It also said that the exclusion of Ragos was a flagrant disregard of the Supreme Court’s decision in De Lima vs. Guerrero.

She said that her right to equal protection was violated when the RTC denied her motion to include as co-accused the 13 convicts whom the prosecution readied as witnesses against her.

They are Herbert Colanggo, Engelberto Durano, Vicente Sy, Jojo Baligad, Wu Tuan Yuan, Noel Martinez, Reynante Diaz, Jamie Patcho, German Agojo, Hans Antonio Tan, Joel Capones, Rodolfo Magleo, and Foilan Trestiza.

Meanwhile, the court said that equal protection was to secure every person within a state’s jurisdiction against intentional and arbitrary discrimination.

“In other words, the concept of equal justice under the law requires the state to govern impartially, and it may not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective,” it said.

“Thus, so long as the classification rests on substantial distinctions which are germane to the purpose of the law, are not limited to existing conditions, and applies equally to all members of the same class, then the equal protection clause is not violated,” it added.

De Lima has been detained at Camp Crame since 2017 over drug allegations in the New Bilibid Prison. One of the three drug charges against her was junked by the Muntinlupa Court in February last year.

In May and April, respectively, Ragos and self-confessed drug lord Kerwin Espinosa recanted their drug allegations against De Lima.—LDF, GMA News