Rafael Ragos, the former Bureau of Corrections officer-in-charge, may be asked to testify in court again in one of the two remaining drug cases of former senator Leila de Lima.
De Lima attended a hearing in case No. 17-165 on Aug. 26 at the Muntinlupa Regional Trial Court Branch 204.
Under the case filed by the Department of Justice in February 2017, De Lima and Ronnie Dayan are accused of conspiracy to commit illegal trading that allegedly happened during her stint as justice secretary.
The case stated from Nov. 2012 to Dec. 2012, De Lima and Dayan “did then and there decide and agree to commit illegal drug trading, in the following manner: the inmates of the National Bilibid Prison, not being authorized by law and through the use of mobile phones and other electronic devices, willfully and unlawfully traded and trafficked dangerous drugs, and thereafter gave and delivered to De Lima and/through Dayan, the proceeds of illegal drug trading amounting to Five Million (P5,000,000.00) Pesos in 24 November 2012 and another Five Million (P5,000,000.00) Pesos on 15 December 2012.”
The key witness in the case is Ragos, who previously claimed in his testimonies and affidavits that he delivered P10 million to De Lima’s residence in Parañaque on the two dates.
But in an affidavit dated April 30, Ragos recanted all his accusations, saying he did not deliver any money to the senator and that he was allegedly coerced by former justice secretary Vitaliano Aguirre II to pin down the two accused. Aguirre previously denied the accusation.
After the hearing on Aug. 26, Boni Tacardon, De Lima’s legal counsel, said Dayan finished his testimony in court and affirmed the content of his judicial affidavit in which he denied getting the money from Ragos.
He said that the two dates mentioned by Ragos were Saturday, a day in which he would go to Pangasinan. He said he would be in Pangasinan every Friday night and go back to Manila every Sunday night.
“Ang naging epekto nga ay sinasabi niya na ang mga salaysay niya noon sa Kongreso at ‘yung kanyang sinumpaang salaysay na sinumite rin sa Kongreso noon ay pawang mga kasinungalingan at walang mga katotohanan (He said that his testimony then in Congress and his sworn affidavit that he submitted to Congress were all lies and not true),” said Tacardon.
Tacardon also said that in court, Dayan mentioned the new affidavit of Ragos in which he took back the accusations against him and showed a copy of it. Ragos may be asked to testify, the lawyer said.
Dayan’s lawyer is planning to file a motion with the court to recall Ragos to the witness stand. Ragos previously testified in court.
This will depend on the court, which will decide on whether to allow Ragos to testify again in the case.
In addition, some members of the media who witnessed Ragos signing his new affidavit may also be asked to testify. The notary public which notarized Ragos’ recancation may also be asked to appear in court.
Regarding the comment of Justice Sec. Jesus Crispin Remulla that Ragos’ affidavit has yet to be submitted to the court and it is just hearsay, Tacardon confirmed that it has not been submitted to the court.
About the hearsay comment, Tacardon said, “our jurisprudence on the matter is that until the affiant confirmed the content of his or her affidavit. Not necessarily hearsay but will not be immediately accepted for its probative value.”