After more than six years, former senator Leila de Lima will finally be released from detention after a Muntinlupa judge granted her bail in the last remaining drug case she is facing.
In a decision dated Nov. 10 under case no. 17-167, Presiding Judge Gener Gito of the Muntinlupa RTC Branch 206 granted bail amounting to P300,000 each to De Lima, former Bureau of Corrections (BuCor) director Franklin Jesus Bucayu, Ronnie Dayan, Joenel Sanchez, and Jose Adrian Dera.
Former senator Leila de Lima holds a wooden crucifix as she arrives at the Muntinlupa Hall of Justice on Nov. 13 (Arnold Quizol)
Former senator Leila de Lima at the Muntinlupa Hall of Justice on Nov. 13 (Photo from office of Atty. Leila de Lima)
“Wherefore, premises considered, the respective Motions for Reconsideration of the concerned accused are granted. Thus, the Order of the Court dated June 07, 2023, is reconsidered. Consequently, accused De Lima, Bucayu, Dayan, Sanchez and Dera are allowed to post bail in the amount of THREE HUNDRED THOUSAND PESOS (P300,000.00) each," Gito wrote in his decision.
They are accused of conspiracy to commit illegal drug trading. The DOJ charged that between March 2013 to May 2015, the accused used inmates at the New Bilibid Prison in Muntinlupa to sell and trade dangerous drugs using mobile phones and other electronic devices, and allegedly got the proceeds amounting to P70 million.
Thank you
Facing the media after the hearing, De Lima thanked the Lord, her legal team, family, friends and the Marcos administration.
"Magpasalamat, unang-una sa ating Mahal na Panginoon na hindi Niya po ako pinabayaan. Nagpapasalamat po ako sa aking pamilya, sa aking mga kaibigan sa kanilang pagmahahal. Hindi nila ako pinabayaan (I thank, first of all, our Lord that He did not abandon me. I thank my family, friends for their love. They did not abandon me)," she said.
She also thanked the "BBM administration for respecting the independence of the judiciary, and the rule of law."
De Lima has been detained at the Philippine National Police Custodial Center in Camp Crame since Feb. 24, 2017 following the issuance of a warrant of arrest by Judge Juanita Guerrero of the Muntinlupa Regional Trial Court (RTC) Branch 204.
The warrant of arrest was issued by Guerrero in case no. 17-165, one of the three drug cases filed against De Lima by the Department of Justice (DOJ) under the Duterte administration in February 2017.
Two of the three cases have been dismissed by Muntinlupa courts.
Motion for reconsideration
In granting bail, Gito reversed the decision of Presiding Judge Romeo Buenaventura of the Muntinlupa Regional Trial Court (RTC) Branch 256, who previously handled case 17-167.
In a June 7-dated decision, Buenaventura denied the petitions and motions for bail filed by De Lima, Bucayu, Ronnie Dayan, Sanchez and Dera.
This prompted Bucayu, Dayan and Sanchez to file motions asking the judge to inhibit himself from hearing the case due to conflict of interest. Buenaventura eventually inhibited himself from the case.
After Buenaventura, the case was raffled off to Presiding Judge Abraham Joseph Alcantara of the Muntinlupa Regional Trial Court (RTC) Branch 204.
However, government prosecutors filed a motion asking Alcantara to inhibit from the case. Alcantara acquitted De Lima and Dayan in case 17-165. Alcantara recused from the case, which eventually went to Gito.
De Lima filed a motion for reconsideration to reverse the denial of her bail petition, which was decided by Gito.
De Lima, through her lawyer, filed a motion for reconsideration on June 13, saying that “the Honorable Court committed grave but reversible errors in its 07 June 2023 Order finding that the Prosecution has met the burden of proof necessary in a bail hearing, purportedly showing that the evidence of the Prosecution against herein Accused is strong so as to deny her the right to bail in a capital offense case.”
“Herein Accused therefore moves that the Honorable Court reconsider its Order denying bail to Accused and her co-accused” based on several grounds.
According to the motion, “The Honorable Court gravely erred in using probable cause as the standard of proof in denying bail, instead of proof that the evidence of guilt is strong.”