Government prosecutors have asked a Muntinlupa court to reopen the trial for one of the two remaining drug cases filed against former senator Leila de Lima which has been set for decision in May.
Prosecutors under the Department of Justice (DOJ) have filed a motion for reconsideration with the Muntinlupa Regional Trial Court Branch 204 regarding case 17-165, which accused De Lima and Ronnie Dayan of conspiracy to commit illegal drug trading allegedly done during her time as justice secretary.
Former senator Leila de Lima at the Muntinlupa Hall of Justice on April 17 (Contributed photo)
The case alleged that De Lima received P10 million in 2012, which supposedly came from the illegal drug trade at the New Bilibid Prison (NBP) in Muntinlupa.
But the key government witness in the case, former Bureau of Corrections officer-in-charge Rafael Ragos, recanted all his allegations against De Lima and Dayan.
Ragos said he was coerced into making false testimonies against De Lima and Dayan in the case.
In his original affidavits and testimonies, Ragos claimed that he delivered P10 million to De Lima’s house in Paranaque: P5 million in November 2012, and P5 million in December 2012.
But in an affidavit he executed on April 30, 2022, Ragos recanted all his statements and exonerated De Lima and Dayan. He also appeared in the Muntinlupa court to affirm his recantation, saying that the two accused were innocent of the charges.
During the April 17 hearing for the case, the Muntinlupa court decided that the case had been submitted for resolution and the decision will be issued on May 12.
However, prosecutors have filed a motion for reconsideration to reopen the trial to present rebuttal evidence.
“On 17 April 2023, the Honorable Court, after admitting all the exhibits formally offered by accused Dayan, granted accused De Lima’s manifestation that she is adopting the same exhibits and its purposes raised by accused Dayan in his Formal Offer of Evidence and formally expressed to rest her case,” according to the motion.
Prosecutors said they will present lawyer Demiteer Huerta of the Public Attorney’s Office as a new witness in the case.
“The function of the rebuttal evidence is to explain, repel, counteract, or disprove the evidence of the adversary. Its office is ‘to meet the new facts put in by the opponent in his case in reply’ and is ‘necessary only because, on a plea in denial, new subordinate evidential facts have been offered, or because, on an affirmative plea, its substantive facts have been put forward, or because, on any issue whatever, facts discrediting the proponent's witnesses have been offered,’” the motion added.
It added, “While the presentation of rebuttal evidence is discretionary with the prosecution in a criminal action, in the instant case, the overwhelming import of the new facts disclosed by the accused which have a damaging effect on the complainant's version is imperative and necessary for the prosecution to present rebuttal evidence.”
“On account of this, the Prosecution moves for the reconsideration of the order given in open court today, and for the re-opening of the trial to allow the presentation of prosecution’s rebuttal evidence and to formally offer the same before the case be submitted for resolution,” prosecutors said.
Prosecutors said it will present their rebuttal evidence for only one day before the promulgation of the decision on the case on May 12.
“The Prosecution does not intend to delay the proceedings in this case but solely for reasons stated above,” they said.