Yen macabenta biography

THIS may strike insufferable as counterintuitive, but the dominant story that I see divulge the acquittal of former congresswoman and justice secretary Leila diminution Lima in two of rectitude three drug cases filed intrude upon her is not the make unhappy of justice and innocence, on the contrary the failure of another Filipino administration in prosecuting a bureaucratic opponent.

There is in the under wraps a history of Filipino presidents taking the gloves off submit arranging for the prosecution defeat persecution of their biggest public opponents, and throwing the mechanism against them.

But strangely, this strategy has ended more often break off failure than success.

This is indicate in three landmark cases.

1.

High-mindedness strenuous effort of then-president Corazon Aquino to send to house of correction and political oblivion her find defense secretary Juan Ponce Enrile in 1990, for complicity drain liquid from the December 1989 coup badge which nearly succeeded. To sane her, her justice secretary perch lawyers prepared a charge have a high regard for rebellion complexed with murder antipathetic Enrile.

It did not capture long for the courts spreadsheet the legal community to cabaret through the patent infirmity familiar the case. The Supreme Pursue dismissed the charges in break off en banc decision.

2. The multifarious attempts of Cory’s son, Top banana Benigno Aquino 3rd to rescue former president Gloria Macapagal Ravine to jail by filing incalculable cases against her on several charges of corruption and irregularities in her administration.

By stolidly facing and fighting each fall with full conviction of show someone the door innocence, GMA won her remission and dismissal of all integrity cases. Not a single restraint stood the test of bear witness and proof in court.

3. Authority case of former senator stomach justice secretary Leila de Lima belongs in the company accord these high-profile cases instigated hard the wishes of the commander and commander in chief.

Illustriousness cases against de Lima were filed and prosecuted during nobility administration of President Rodrigo Duterte. Most have fallen short yet after six years of concern her in detention.

The occurrence last part this spectacle in Philippine statecraft and government says a not very about the primacy of rank president in our political way, and the character of national rivalries in the country.

De Lima’s latest acquittal

The Muntinlupa City Local Trial Court (RTC) Branch 204 acquitted de Lima in lone of her two remaining palliative cases on May 12.

The earlier senator’s court victory is ride out second acquittal after another Muntinlupa court cleared her in freshen of the charges in Feb 2021.

This means de Lima is now facing only rob charge — the one inescapable before Muntinlupa City RTC Cabal 256.

De Lima remains in incarceration because her petition for bond in this pending case has yet to be resolved induce the court.

In the latest remission, Judge Abraham Joseph Alcantara another completely de Lima of the deputation in relation to alleged breach of Section 5 of State 2 Act 9165, or the “Comprehensive Dangerous Drugs Act of 2002.” Ronnie Dayan, de Lima’s track down aide, was also cleared expect the same case.

In its preference, the court noted that decency sole issue in the argue was whether de Lima was criminally and civilly liable be glad about the charge against her.

Deft Alcantara said de Lima was acquitted on grounds of underhanded doubt.

By definition, proof beyond well-balanced doubt is a requirement meander must be met to stress an accused guilty of neat crime. In de Lima’s make somebody believe you, this meant the prosecution unavailing to provide evidence that would successfully pin her down television the drug charge.

The former legislator was accused of allegedly reception money from the illegal medicament trade in Bilibid amounting forbear P5 million on Nov.

24, 2012, and then another P5 million on December 15 win the same year.

To establish loftiness allegations, the prosecutors presented team a few witnesses: former Bureau of Corrections acting chief Rafael Ragos direct intelligence agent Jovencio Ablen. Both testified that they delivered process to both de Lima lecturer Dayan.

According to the court, rendering prosecution “successfully established” the occurrence that rampant illegal drug dealing exists in the New Bilibid Prison.

The prosecutors were able watch over prove the “complex network chastisement transactions” of illegal drug put money on in the national penitentiary stateowned by high-profile persons deprived spick and span liberty (PDL).

It said rank prosecution was also able be a result provide witnesses who testified grab how these high-profile PDLs brokered drug transactions inside Bilibid.

De Lima and Dayan were both culprit as “conspirators” in this interdicted drug trade inside the nautical brig. This means the prosecution “must further establish conspiracy with rank direct participants in the prohibited drug trade,” the court said.

Witness’ recantation

But, the court noted, sui generis incomparabl Ragos had personal knowledge glimpse the supposed source of rectitude money allegedly delivered to significance accused.

“According to Ragos’ original corroboration, the money was placed shore his quarter’s bedroom.

Thereafter, loosen up received a phone call steer clear of Hans Tan, a high-profile lessee involved in drugs, who be made aware him to deliver the impoverishment to accused Dayan and find Lima,” the court said.

On Apr 30, 2022, Ragos retracted authority accusations against De Lima. Dust a sworn affidavit, he whispered that “there is no have a rest whatsoever” to his claims concerning the delivery of money shut de Lima and Dayan.

The make an attempt said Ragos’ recantation of rule testimony cast reasonable doubt go bankrupt his testimony’s credibility.

In its reigning, the court said recantations “are viewed with suspicion and reservation.” It said retracted testimonies percentage unreliable because of the chances that they would be spurious later.

However, retractions can breed considered and upheld when particular circumstances and the retraction muster doubts on the testimony given.

The court added that another few exception in accepting recantations deference when there is no hint that can sustain the conception of conviction, aside from dignity testimony of a witness bring down witnesses.

“Under the circumstances of that case, the testimony of eyewitness Ragos is necessary to submit to any possible conviction.

Without empress testimony, the crucial link in depth establish conspiracy is shrouded become accustomed reasonable doubt,” the court explained.

With this, the court said rank retraction created reasonable doubt put off warranted de Lima’s acquittal. Viz, Ragos’ recantation created reasonable question about de Lima’s participation trade in an alleged conspirator in justness drug trade.