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Gov’t urged to show proof Ragos waived rights in De Lima case - lawyer
By LLANESCA T. PANTI,GMA Integrated NewsThe government has to show proof that former National Bureau of Investigation deputy director Rafael Ragos waived his rights when he initially testified about former Senator Leila de Lima’s alleged involvement in the illegal drug trade, his camp said on Friday.
Michael de Castro, counsel for Ragos, made the statement after former Justice Secretary Vitaliano Aguirre II on Thursday released a video supposedly showing that Ragos was not coerced into testifying against de Lima.
"Para masabing walang coercion, isa lang ang pruwebang hinihingi ng Constitution: [a] written and signed waiver of Miranda rights," de Castro said after the cross examination of Ragos at the Muntinlupa City Regional Trial Court.
(To dispel speculations of coercion, the Constitution only requires one proof: a written and signed waiver of Miranda rights.)
"Kung meron nun [waiver of Miranda rights si Ragos], sana ilabas na nila," he added.
(If Ragos has a waiver of Miranda rights, they should show it.)
According to the Supreme Court’s decision in the People of the Philippines vs. Mojello case, the Miranda doctrine requires that: (a) any person under custodial investigation has the right to remain silent; (b) anything he says can and will be used against him in a court of law; (c) he has the right to talk to an attorney before being questioned and to have his counsel present when being questioned; and (d) if he cannot afford an attorney, one will be provided before any questioning if he so desires.
The cross examination was done in connection with Ragos' affidavit, wherein he recanted his testimony against de Lima and said that he only implicated the former lawmaker because his life, his family, and his career were allegedly threatened by Aguirre.
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De Castro said that the video only proves what Ragos already said: that Aguirre allegedly asked him to implicate de Lima in the presence of lawyers from the Public Attorney's Office.
"The video was not inconsistent with what he said," de Castro said.
He added that Ragos was standing by his recantation.
"Wala siyang reason na bawiin ito at this stage at iyon naman talaga ang katotohanan," de Castro said.
(He has no reason to change his mind, and what he said was the truth.)
"Kahit sino ka, kapag naipit ka ng gobyerno, kailangan mo ng abogado na sasangga para sa iyo. Itong testimony ni Ragos [na ni recant] ito ang nangyayari pag walang sasangga para sa iyo [na abogado]," de Castro said.
(You need a lawyer if you’re being coerced by the government. If you don't have a lawyer to defend you, Ragos' already-retracted testimony will happen.)
Last April, Ragos executed an affidavit withdrawing his allegation that he delivered, along with aide Jovencio Ablen Jr., millions of pesos in proceeds from the illegal drug trade inside the New Bilibid Prison to De Lima's house in Parañaque City in 2012.
De Lima, who appointed Ragos as officer-in-charge of the Bureau of Corrections during her term as justice secretary, insisted that she had never engaged in the illegal drug trade. — VBL, GMA Integrated News