More convicted inmates might recant their testimonies against detained former Senator Leila M. De Lima “due to threats and pressure” if they would be hauled back to the New Bilibid Prison (NBP) in Muntinlupa City from the Armed Forces of the Philippines headquarters in Camp Aguinaldo in Quezon City where they are now detained.
Lawyer Ferdinand “Ferdie” Topacio, national chairman of the Citizens Crime Watch, aired his apprehensions during the Pandesal Forum in Quezon City after learning that these inmate-witnesses now in Camp Aguinaldo would be returned to NBP.
“Ngayon natatakot po ang mga witnesses (The witnesses now fear for their lives),” said Topacio who is the lawyer of some of the witnesses.
“Sabi nila ‘sir kung mamatay kami ay baka mag-recant na lang kami’ (They said ‘if we are going to die, then we might recant our testimonies’),” Topacio said as he conveyed the sentiments of the witnesses.
Topacio said those who are now detained in Camp Aguinaldo are Froilan Trestiza, Jojo Baligad, Nonilo Arile, Joel Capones, Hans Anton Tan, Peter Co who is also known as Wu Tuan Yuan, German Agojo, Jerry Pepino, Noel Martinez, Herbert Colango, Jaime Pacho, Rodolfo Magleo, and Engelbert Durano.
Their transfer from NBP to Camp Aguinaldo was ordered in 2019 by then President Rodrigo R. Duterte for the inmates’ “protection.”
Then Justice Secretary and now Solicitor General Menardo I. Guevarra said after the transfer that the President is authorized to order the transfer.
“The President, as Chief Executive, has control and supervision over all offices and agencies under the executive department,” Guevarra said.
He clarified that court approval for the transfer of prisoners is not needed if the place where they are transferred a “BuCor extension facility.”
“If the transfer is to a facility not controlled by the BuCor, the court that committed the PDL to the original penitentiary should at least be notified or its approval secured. but if the transfer is made to a BuCor extension facility, such as a military camp by agreement, no court approval is required as long as custody and control remain with the BuCor,” he explained.
On the witnesses against De Lima, Topacio said: “Mark may words ‘pag may nag-recant dito tinakot yan, pinilit, sinuhulan or whatever (Mark may words when one of them recants that means they were threatened, forced, bribed or whatever).”
“Maghintay po tayo ng further recantations because these witnesses are now susceptible to all sorts of undue and improper pressure and influence (Let’s wait for further recantations because these witnesses are now susceptible to all sorts of undue and improper pressure and influence),” he added.
Topacio then appealed to Department of Justice (DOJ) Secretary Jesus Crispin C. Remulla to turn down the insistence of Bureau of Corrections (BuCor) Director General Gerald Q. Bantag to return these inmates to NBP.
“I know hindi po niya pababayaan yung mga witnesses na ito (he will not forsake or leave alone these witnesses),” he said.
“’Wag po tayo madadala sana Sec. Remulla dito sa maaaring false information na nire-relay ni Gen. Bantag (Sec. Remulla, please don’t fall for the false information being relayed by Gen. Bantag),” he added.
Tapacio said Bantag has been feeding the past DOJ secretaries about the continued criminal activities of the witnesses.
“Gen. Bantag has always been on the side of the people who seek to intimidate and harass the witnesses against De Lima,” he also said.
After the witnesses testified before the House of Representatives in 2016, Topacio recounted he sought clarification whether they could be placed under the government’s witness protection program.
He said the DOJ in a 2017 memorandum states: “Section 8. R. A No. 6981 (Republic Act No. 6981 or the Witness Protection, Security and Benefit Act) does not make any distinction whether a covered witness, is an ordinary witness, witness in legislative investigations, state witness, detention or convicted prisoner.”
Thus, Topacio said, BuCor should follow this memorandum considering that the bureau is under the DOJ.
De Lima, who is detained at the Custodial Center of the Philippine National Police (PNP) in Camp Crame, Quezon City, is facing charges before the Muntinlupa City Regional Trial Court (RTC) over her alleged involvement in the proliferation of the illegal drugs trade at the NBP when she was DOJ secretary.