Rafael Ragos, former officer-in-charge of the Bureau of Corrections (BuCor), testified again in the drug trial of former senator Leila de Lima in Muntinlupa on Nov. 4 and said he executed affidavits and made testimonies against her for fear of his life, family and career.
The Muntinlupa Regional Trial Court Branch 204 held a hearing on case No. 17-165, which accused De Lima and Ronnie Dayan of conspiracy to commit illegal drug trading that allegedly happened during her time as justice secretary.
In his original affidavits and testimonies in 2016, 2017 and 2019, Ragos claimed that he delivered P10 million to the house of De Lima in Paranaque in November and December 2012. The money allegedly came from proceeds of illegal drug trade in the New Bilibid Prison (NBP) in Muntinlupa and it was De Lima’s share, which would be used by her in the 2013 elections.
But on April 30 this year, Ragos executed an affidavit clearing De Lima and Dayan, saying he did not deliver any money to the former senator’s residence.
“As far as I know and based my professional relationship with Sec. De Lima, she is incapable of doing anything illegal, much less engage in the illegal drug trade ог accept money from Bilibid inmates. All of my allegations to contrary in my affidavits and House and ·court testimonies are fiction, false, and fabricated,” Ragos said.
He added that he was “forced execute the above affidavits and deliver the above House and court testimonies against Sec. Lima and Ronnie Dayan due threats of being detained myself for the crime of engaging in the illegal drug trade I did not commit.”
In September 2016, he said, before the House of Representatives conducted a hearing on the illegal drug trade in NBP, he “was ordered former Secretary Vitaliano Aguirre Ⅱ, thru Mr. Danny Yang, to attend a meeting in Solaire Resort and Casino in Parañaque with former National Bureau Intelligence Director Dante Gierran, and John Vries.”
He claimed that during the meeting, “Aguirre interrogated and coerced me to admit something that did not happen. He escorted me to another room where Ablen was, and they showed me a copy of a statement. I asked them: ‘Ano 'yan? Ablen responded: "Ginawa namin Esmeralda yan, may kopya n'yan .”
Ragos added in his new affidavit that “when I asked Sec. Aguirre what they want me to do, he said: ‘Mag- execute ka ng affidavit, mag-corroborate ka sa statement ni Ablen, kung hindi, alam mo naman mangyayari. (Execute an affidavit, corroborate the statement of Ablen, if not, you know what will happen).’ Atty. Salvador drafted the Affidavit implicating Senator De Lima in illegal transactions during her stint as then Justice Secretary. “
After Ragos came out with his recantation, Aguirre denied his accusations.
Michael Christopher de Castro from the Free Legal Assistance Group (FLAG), who is Ragos’ lawyer, filed a motion to expunge and suppress evidence before the Muntinlupa RTC Branch 204 to make all his client’s affidavits and testimonies inadmissible in case 17-165.
In his motion, De Castro said, “No competent and independent counsel was ever present to défend the rights of former accused now witness Rafael Ragos at any stage of custodial investigation.”
“Third, the three affidavits signed by former accused now witness Rafael Ragos are in the nature of extrajudicial confessions for they include self-incriminatory statements. Extrajudicial confessions obtained during custodial investigations that do not observe Miranda Rights are inadmissible in evidence,” he said.
After the hearing, De Castro told the media the during the cross examination, the prosecution asked Ragos about his affidavit in which he quoted Aguirre as saying “alam mo naman mangyayari (you know what will happen).”
Ragos, according to his lawyer, said, “Natakot ako para sa aking career, para sa aking buhay at para sa kapakanan ng aking pamilya (I feared for my career, my life and and welfare of my family).”
Boni Tacardon, De Lima’s lawyer, said they welcomed Ragos’ court testimony as it proved that he was telling the truth.
“So far si Deputy Director Ragos ay consistent at hindi pa naman nababago yung kanyang salaysay na siya ay tinakot, sinuhulan para gawin yung mga salaysay na iyon. Ang sabi nga niya sa korte kanina, natatakot siya para sa kanyang sarili, natatakot siya para sa kanyang pamilya, natatakot siya sa kanyang career kaya niya nagawa lahat ng iyon (So far Deputy Director Ragos is consistent and his affidavit has not changed that he was threatened, bribed to execute the affidavits. As he told the court earlier, he feared for himself, he feared for his family, he feared for his career, that is why he did those things),” said Tacardon.
Tacardon said it is up to government prosecutors if they will ask Aguirre to testify in court to refute Ragos’ allegations.
As she was leaving the Muntinlupa Hall of Justice, De Lima uttered, "Ipagdasal nyo po na makakalaya na ako sa madaling panahon (Please pray that I can be freed soon)."
De Lima has been detention for more than five years since February 2017 when the Department of Justice (DOJ) filed three cases of illegal drug trading against her, which were later changed to conspiracy to commit illegal drug trading. One of the three cases was dismissed by a Muntinlupa court last year.