The Department of Justice (DOJ) on Monday, May 2, said the recantation of the testimonies of former National Bureau of Investigation (NBI) Deputy Director Rafael Marcos Z. Ragos will not affect the drugs cases filed against Sen. Leila M. De Lima.
In a press statement, the DOJ said “Ragos merely contradicted himself with respect to his recantation and will not affect the testimonies of the other witnesses presented before the case in RTC (regional trial court) Muntinlupa City where he gave his testimony, and where the Demurrer to Evidence filed by accused De Lima was denied.”
“The testimonies of the witnesses presented by the prosecution are enough to pin and prove the charges against accused Senator Leila M. De Lima and Ronnie Dayan,” it said.
In a four-page affidavit notarized last April 30, Ragos – who also served as officer-in-charge of the Bureau of Corrections from late 2012 to early 2013 – said:
“I was forced to execute the affidavits... against Secretary De Lima and Ronnie Dayan (De Lima’s alleged lover) due to threats of being detained myself for the crime of engaging in the illegal drug trade that I did not commit.
“Fearing for my life and my family, I had no choice but to follow everything that these people asked me to do. I also did not want to go to jail for fear of being the subject of acts of revenge by criminals I put in jail as an NBI official and by inmates that I disciplined as BuCor OIC.”
Ragos pointed to then Justice Secretary Vitaliano Aguirre II as the government official who “interrogated and coerced me to admit something that did not happen.”
In its statement, the DOJ said that “since there was an allegation of coercion and intimidation, the matter may be referred to the Ombudsman for appropriate action, considering that the claim or subject matter refer to some officials of the Department” (DOJ).
The DOJ also said:
“In said affidavit (of recantation), Ragos refutes all the statements he made in his previous affidavits dated 5 and 26 September 2016 and March 2017, pertaining to the delivery of monies to accused Senator Leila M. De Lima and Dayan.
“Aside from the sworn affidavits, Ragos also testified before the House Committee on Justice regarding the illegal trading activities inside the New Bilibid Prison Compound in Muntinlupa City, wherein he reiterated and restated his assertions with regard the participation and connivance of accused Senator Leila M. De Lima and Ronnie Palisoc Dayan in the drug transactions.
“The affidavit of Ragos dated 30 April 2022, recanting his previous statements will not at this stage destroy the evidence of the case against accused De Lima and Dayan.
“It is left to the appreciation of the court to consider his affidavit of recantation if it can completely destroy his previous affidavits and testimonies.
“He (Ragos) executed said affidavit more than five years after he testified before the Senate in 2016 and other subsequent affidavits executed in 2017.
“He even testified in court on 7, 14, and 28 June 2019 and the defense subjected him to an extensive cross-examination.
“After his testimony, he appeared before the Senate in September 2019 and again reiterated his dealing with accused De Lima.
“In all of the foregoing instances, there was no mention of coercion or intimidation. Thus, the glaring delay on the part of Ragos in recanting his previous statements is indeed questionable and casts doubt on its truthfulness. His motive as well is highly suspicious.
“As a rule, recantation is viewed with disfavor. The testimony of Ragos solemnly given in court is given more weight.”
At the same time, the DOJ identified the two criminal cases against De Lima and Dayan were charged. It said Ragos testified only in one of the two cases as the fifth witness and was subjected to cross examination by the defense.
In the second case, it said Ragos was not utilized as a witness and his recantation “will not affect the case.”
Ragos was the second witness to recant his testimonies against De Lima.
Self-confessed drug lord Rolan “Kerwin” Espinosa recanted his testimonies last April 28, two days ahead of Ragos’ affidavit.
In his four-page counter-affidavit submitted to the DOJ, Espinosa said that “any and all of my statements given during the Senate hearings, or in the form of sworn written affidavits, against Senator De Lima are not true.”