The Department of Justice (DOJ) is holding temporarily the enforcement of a court order that directed the return to the New Bilibid Prison (NBP) in Muntinlupa City of the 11 high-profile persons deprived of liberty (PDLs) who testified against former senator Leila M. de Lima in her drugs case.
The return to the NBP was ordered by Muntinlupa City Regional Trial Court Judge Gener M. Gito on separate motions filed by De Lima and the prosecution.
Ordered returned to the NBP were PDLs German L. Agojo, Tomas D. Donina, Jaime V. Patcho, Wu Tuan Yuan alias Peter Co, Engelberto Durano, Jerry Pepino, Hans Anton Tan, Herbert R. Colangco, Noel G. Martinez, Nonilo A. Arile, and Joel D. Capones.
In her motion, De Lima told the trial court that seven PDLs have sent her a letter that they were forced to testify against her and now they fear for their safety at SPPF.
De Lima identified them as Agojo, Donina, Patcho, Wu, Durano, Pepino and Tan.
She has been acquitted in two of her three drugs cases. She was granted bail in the third and last case which is under trial.
DOJ Assistant Secretary Jose Dominic Clavano IV said on Thursday, Dec. 21, during a Zoom meeting with reporters that the department is currently studying possible legal remedies to take to stop the court order to transfer these inmates who are currently housed in SPPF.
“We will probably hold the transfer first pending any legal remedies that we may take dahil mahirap na rin na itransfer sila pabalik sa New Bilibid Prison tapos kung may mahahanap kaming legal remedy, ibabalik na naman sa Sablayan (because its difficult to transfer to NBP and, once we find a legal remedy, we will have to return them to Sabalayan,” Clavano said.
In the meantime, Clavano said “we are still looking at our legal remedies para po makapagstay ‘yung 11 po sa Sablayan (so that the 11 inmates remain in Sabalayan)."
In a statement, the DOJ said "it is the Bureau of Corrections (BuCor) that holds jurisdiction over the custody and management of convicted PDLs.”
“It is the position of the DOJ that any judge should refrain from involvement in decisions that could be perceived as political,” it said.
“Verily, the management and security of inmates fall squarely within the purview of the BuCor. The courts cannot dictate specific security arrangements for PDLs," it also said.
“The BuCor has established protocols to ensure the safety ofall individuals in custody. Inmates in the NBP, including those involved in high-profile cases, are provided adequate security and care,” it asssured.
"These witnesses are not ordinary witnesses; they are convicted felons – most for heinous crimes. The transfer of the PDLs out of the National Bilibid Prison (NBP) was pursuant to the jail decongestion effort of the Bureau of Corrections," the DOJ said.
If the court wants easier access to these inmates, the DOJ cited that courts can either hold hearings in the locations where the PDLs are held or hold video hearings. It said this arrangement ensures “that justice is served without compromising established procedures or security.”
At the same time, the DOJ said "the department does not endorse rewarding PDLs for recanting testimonies."
“Recanting is viewed unfavorably by the legal system, as it raises questions about the credibility and reliability of the witness' testimonies. Rewarding PDLs for their recantation will set a dangerous precedent,” it cautioned.