The panel of prosecutors of the Department of Justice (DOJ) has asked the Muntinlupa City regional trial court (RTC) to reconsider its May 12, 2023 decision that acquitted former senator Leila M. de Lima and his aide Ronnie Dayan of illegal drugs charges.
In a motion for reconsideration dated May 27, 2023, the prosecutors challenged the recantation of former Bureau of Corrections (BuCor) officer-in-charge Rafael Marcos Z. Ragos. They said Ragos’ recantation was the basis for the acquittal of De Lima and his aide.
The prosecutors told the RTC that “the subsequent recantation of witness Ragos was not sufficient to vitiate his original testimony voluntarily and solemnly given in numerous occasions in Congress, Senate, media, and the court - under oath, in the presence of a judge, and subjected to extensive cross-examinations, as well as corroborated by several witnesses.”
“To set aside a testimony which was solemnly taken before a court of justice in an open and free trial and under conditions precisely sought to discourage and forestall falsehood simply because one of the witnesses who had given testimony later on changed his mind would simply make a mockery of our criminal justice system,” they said in their motion.
In his recantation, Ragos said was forced by those under the administration of former President Duterte to testify of having delivered to De Lima, when she was still justice secretary, illegal drugs earnings from drug lords imprisoned at the New Bilibid Prison (NBP) in Muntinlupa City amounting to P5 million on Nov. 24, 2012 and another P5 million on Dec. 15, 2012.
The prosecutors said that “Ragos merely alleged in his subsequent recantation that he was forced to execute his original testimony due to threats of being detained himself for the crime of engaging in illegal drugs trading.”
“However, other than bare allegations, the defense was not able to establish the same and was even rebutted by the evidence on record. As a matter of fact, Ragos was not even able to answer questions during his cross-examination on his recantation with respect to how he was allegedly coerced into coming up with his statements and the information he revealed during his original testimony,” they said.
They said that Ragos claimed he executed the affidavits in 2016 and 2017 against De Lima after being coerced by then Justice Secretary Vitaliano Aguirre II.
“He admitted that the alleged coercion constitutes a crime, yet did not do anything about it despite being an experienced member of the law enforcement. He did not arrest Aguirre or at the very least protested the illegal acts. Being a high ranking official of the NBI, he has all the authority to arrest him or at the least protested,” they also said.
They pointed out that even while Aguirre was no longer in government, “Ragos still confirmed, even after an extensive cross-examination, his earlier statements regarding the illegal drug activities in the NBP and the delivery of money to Dayan and Sen. De Lima at the latter’s residence.”
“He also failed to ascribe any reason or motive on the part of Atty. Rigel Salvador and Atty. Demiteer Huerta of the PAO (Public Attorney’s Office) who he met for the first time in Solaire and assisted him in executing his affidavit,” they said.
They reminded the RTC that “the Honorable Supreme Court has consistently held that recantations of testimonies are typically viewed with suspicion and hardly given much weight.”
But even if Ragos recanted, they said his original testimony was corroborated by other witnesses.
They cited that NBI intelligence agent Jovencio P. Ablen Jr. testified being with Ragos during the receipt of the money.
Also, they said former NBI Deputy Director Reynaldo Esmeralda even testified in court that Ablen reported to him about the deliveries.
They said that two NBP prisoners, Hans Anton Tan and Peter Co, testified in court that the source of the money were from illegal drug trading.
“It is very clear from the records, particularly, from the gist of the testimony of Hans Anton Tan that on the first delivery of 5 million pesos, it was confirmed that the same was delivered to Ragos and that the latter knew that the amount came from Peter Co and intended for accused De Lima to be used for her senatorial bid,” they said.
“Afterwards, Peter Co testified that he raised campaign money for then Secretary of Justice, Sen. De Lima, amounting to Ten Million Pesos and in exchange thereof, they will enjoy certain benefits and privileges,” they added.
They said that NBP inmate Nonilo Arile also made two reports in 2014 and 2016 about the activities of the NBP drug lords and their complicity with De Lima.
“By reason of these reports, an operation plan was crafted to curb drug trading and other drug related activities inside the NBP. This was the basis for the ‘Coplan Cronus,’ an operational plan intended for the raid of drug operations in these NBP compounds,” they added.
Three cases involving illegal drugs trading at the NBP were filed against De Lima and other persons.
One of the cases was dismissed on a demurrer to evidence filed by De Lima who challenged the weakness of the prosecution’s evidence to sustain a conviction.
Then came the May 12, 2023 judgment of acquittal.
In her third and last case, De Lima has pleaded to post bail. Her motion is still pending resolution.