After court sets promulgation date, prosecution moves to re-open trial vs De Lima
MANILA, Philippines (Updated 5:42 p.m.) — State prosecutors moved to re-open the trial of former Sen. Leila de Lima, in the second drug case she is facing, after the Muntinlupa court had set its promulgation of judgment on May 12.
The prosecution submitted an Urgent Omnibus Motion for Reconsideration and to Re-Open Trial for their presentation of rebuttal of evidence, asking the court to reconsider its order that deemed the case submitted for resolution.
De Lima’s team on Wednesday filed their opposition to the prosecution’s move, as they pointed out that both the panel and defense agreed in open court to terminate the proceedings on April 17 and set the case for resolution.
The prosecution, in their motion, told the Muntinlupa Regional Trial Court Branch 204, which is handing the second drug case of De Lima, that they intend of offer rebuttal evidence and present testimony of lawyer Demiteer Huerta from the Public Attorney’s Office.
“While the presentation of rebuttal evidence is discretionary with the prosecution of criminal action, in the instant case, the overwhelming import of 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,” their motion read.
In the case at hand, prosecution star witness Rafael Ragos, former corrections chief, had retracted his testimony in 2022 that he gave monies supposedly from the illegal drug trade inside the New Bilibid Prison to De Lima, through her former aide Ronne Dayan, who is also an accused in the trial.
De Lima’s team has insisted that Ragos prior testimony, which he withdrew in an affidavit filed in last year, was the sole basis of the case.
Ragos had said that former Justice Secretary Vitaliano Aguirre II and ex-National Bureau of Investigation chief Dante Gierran, along with Public Attorney’s Office lawyers pressured him. Huerta is supposedly one of these public lawyers.
The prosecution, stating that they do not intend to delay the proceedings, said they plan to present their rebuttal evidence in one day only as the Court may permit, and prior to the promulgation.
De Lima’s team opposes prosecution move
The lawyers of De Lima had asked the court, “in the highest interest of substantial justice and fair play,” to dismiss the prosecution panel’s motion.
They told the court that “there is no showing that the presentation of the additional evidence, including the testimony of [Huerta], would add anything of value to the lengthy cross-examination of the panel,” adding that they already had four full morning hearing sessions to debunk the testimony of Ragos.
“The proposed witness on rebuttal, PAO Atty. Huerta, is not newly discovered evidence. He was already known to the Panel at the time they agreed to have the instant case submitted for resolution,” their opposition read.
De Lima’s lawyers also asserted that a case already deemed terminated cannot be reopened whimsically, capriciously or unreasonably.
“Simply put, these criminal proceedings cannot be held hostage by the lack of diligence of the Prosecution which had six years prosecuting the same,” they added.
De Lima, who has been detained since February 2017, was already acquitted in one case. She has two pending charges, with one now up for decision and another before Muntinlupa RTC Branch 256 with a pending petition for bail.
If De Lima will be allowed to post bail on her third case and the second case would be dismissed, she may walk free from pre-trial detention on May 12 — although she would have to return to court for trial for her third case.
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