Detained opposition Senator Leila de Lima and her lawyers have filed separate criminal complaints against prosecution witness Joel Capones for trading and selling illegal drugs while serving as an inmate of the New Bilibid Prison (NBP) in Muntinlupa.
De Lima camp’s move was based on Capones’ confession during a hearing in one of the senator’s drug cases.
She filed her complaint-affidavit Wednesday at the Muntinlupa Office of the City Prosecutor (OCP) in Muntinlupa City against Capones and 13 NBP inmates for conspiracy to commit illegal drug trading in violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
The senator charged that despite his confession, Capones has not been charged with any crime up to now in relation to the crime he confessed during a hearing last Feb. 16 at the Muntinlupa Regional Trial Court Branch 256.
The court is handling drug case number 17-167 filed in 2017, which accused De Lima, former Bureau of Corrections director Franklin Jesus Bucayu, Wilfredo Elli, Ronnie Dayan, Joenel Sanchez, Jose Adrian Dera and the late Jaybee Sebastian of conspiracy to commit illegal drug trading when she was still the justice secretary.
Capones was presented as a witness by the prosecution during the said hearing, which was attended by De Lima.
“Mr. Capones’ judicial confession that I personally witnessed constitutes evidence under Sec. 33, Rule 130 of the Revised Rule on Evidence that Mr. Capones indeed committed the crime of conspiracy to commit illegal drug trading and that he should be held liable and prosecuted therefor,” she said.
During the prosecution’s direct examination, Capones confessed that he participated in the crime of conspiracy to commit illegal drug trading together with his 13 “mayores” in Sigue Sigue Sputnik gang, including Ferdie Morellos, Reynaldo Punga and Anton Miya, between January and October 2014, according to De Lima’s affidavit.
“Here, the judicial confession made by Mr. Capones may be used against him. First, Mr. Capones’ confession clearly involves acknowledgment of his participation in the crime of conspiracy to commit illegal drug trading. Second, the confession was categorical and definite,” De Lima said in her complaint.
She added, “Third, the confession was knowingly and voluntarily made by Mr. Capones, and he was even assisted by a counsel of his own choice, Atty. Mauricio Ulep. Mr. Capones knows or ought to know that the statements were made in open court and under oath, and his counsel conferred with him and explained to him the full consequences of his confession.”
De Lima’s lawyers, Teddy Esteban Rigoroso, Filibon Tacardon, Dino De Leon, Rolly Francis Peoro and Raymond Marvic Baguilat, also filed a similar criminal complaint against Capones.
“As counsels on record for one of the accused, Attys. Teddy Esteban F. Rigoroso, Filibon F. Tacardon, Dino S. de Leon, Rolly Francis C. Peoro were present during the trial dates on 16 & 23 February 2021. They have personally witnessed and heard Mr. Capones make the judicial admission on both hearing dates,” according to their complaint-affidavit.
It added, “Atty. Baguilat, on the other hand, joined the other complainants on 23 February 2021 and personally witnessed Mr. Capones admit to the crime of illegal drug trading and conspiracy to commit illegal drug trading.”
The legal counsels said “any lawyer would be remiss of their duties to promote respect for law and legal processes if they ignore that a person admits to a crime and remains impervious.”
"In a separate statement, De Lima said, “We are wondering why Capones remains untouched; why the DOJ is not filing a case against him. It’s clear to me that his perjured testimony implicating me in the drug trade is in exchange for exemption from criminal charge. It’s a bargained for testimony. A palpable case of selective prosecution.”
In a personal letter to Justice Secretary Menardo Guevarra dated Feb. 22, De Lima urged him to use all the powers available under his office to prosecute anyone, without fear or favor, who has been involved in illegal drug trading in NBP such as Capones.