The Department of Justice (DOJ) and the lawyer of detained Senator Leila de Lima are in agreement: the death from COVID-19 of New Bilibid Prisons (NBP) inmate Jaybee Niño Sebastian would not affect the cases filed against her that are currently pending in the Muntinlupa regional trial courts.

Justice Secretary Menardo Guevarra
(TOTO LOZANO / PRESIDENTIAL PHOTO / FILE PHOTO / MANILA BULLETIN)

“The prosecution has an array of witnesses,” according to Justice Secretary Menardo Guevarra. “Many of them have already testified in court,” he added.

“We really believe that the death of Jaybee Sebastian will not affect the cases against Sen. De Lima because right from the start, all the cases are weak. All the charges are trumped up and fabricated and they merely enlisted convicted inmates as their enablers,” De Lima’s lawyer Boni Tacardon told the Manila Bulletin.

Tacardon said that “in fairness to Jaybee Sebastian, it can be recalled that he initially refused to be enlisted until the stabbing incident . It was only after he was stabbed that he issued statements and under the circumstances, we cannot blame him. In fact, as testified to by Peter Co, whose lungs were punctured, they were still recuperating when they were dragged and forced to testify.”

Guevarra is set to meet Bureau of Corrections (BuCor) Director General Gerald Bantag Monday to discuss the deaths of Persons Deprived of Liberty (PDLs) inside the NBP in Muntinlupa City.

“I have summoned DG Bantag about this,” Guevarra said. “We’ll try to find out what’s happening there,” referring to the apparent spike in the number of reported COVID-19 deaths in the state penitentiary.

Sebastian was the leader of “Presidio,” one of the two prominent gangs inside the NBP, rivaling “Carcel,” the group headed by Herbert Colanggo, a convicted kidnapper.

Sebastian, convicted for kidnapping and carnapping, died from COVID-19 Saturday at the NBP Hospital. His remains were cremated in Dasmarinas City, Cavite the same day.

He is a witness and co-accused in one of the drug charges filed against De Lima before the Muntinlupa City Regional Trial Court (RTC).

De Lima is accused of conspiring with Sebastian, former Bureau of Corrections (BuCor) chief Jesus Bucayu, Bucayu’s former staff Wilfredo Elli, her former driver and lover Ronnie Dayan, De Lima’s former security aide Joenel Sanchez, and Jad de Vera in the proliferation of illegal drugs at the NBP allegedly to help raise funds for her 2016 senatorial campaign.

With his death, Sebastian’s criminal liability in the case has been erased. Article 89 of the Revised Penal Code states that “criminal liability is totally extinguished . . . By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.”

In September 2018, prosecutors claimed victory when Sebastian pleaded guilty to the charges against him. However, the Muntinlupa Regional Trial Court Branch 206 ordered the prosecution to present evidence to prove Sebastian’s guilt based on the Rules of Court.

But De Lima believed that Sebastian was pressured to plead guilty, saying then, “Not surprisingly, Jaybee Sebastian pleaded guilty due to threats to his life and that of his family. Let’s not forget that Sebastian’s life was previously placed in danger because he initially refused to testify against me.”

In the sworn statement, Sebastian claimed that he gave a total of P10 million to Joenel Sanchez, one of the aides of then Justice Sec. De Lima, from March to May 2015 for her supposed election campaign fund, which her camp denied.

The affidavits presented and testimonies of witnesses during the hearing became the basis of complaints filed by Volunteers Against Crime and Corruption (VACC) and NBI against De Lima and her co-accused.

In a joint resolution dated Feb. 14, 2017, the DOJ tagged Sebastian as one of those who was involved in illegal drug trading in NBP, saying he “appears to be the most guilty” among the inmates.

This was used by the DOJ to file the three illegal drug trading cases against the senator, Sebastian and others. More than three years after filing, all the three cases are still pending in Muntinlupa courts.

Jeff Damicog & Jonathan Hicap

De Lima cases won’t be affected by Sebastian’s death, lawyers agree