DOJ seeks reversal of De Lima drug case acquittal

MANILA, Philippines — State prosecutors have asked a Muntinlupa court to overturn the acquittal of ML party-list Rep. Leila de Lima in one of the three drug charges against her.

In a 17-page motion for reconsideration, the Department of Justice (DOJ) panel of prosecutors noted that the Muntinlupa Regional Trial Court Branch 204’s acquittal of De Lima and her co-accused Ronnie Dayan of conspiring and conducting illegal drug trade in the New Bilibid Prison (NBP) was mainly hinged on the recantation of the prosecution’s key witness, former Bureau of Corrections chief Rafael Ragos.

Ragos previously testified that he personally delivered a total of P10 million to then justice secretary De Lima at her residence. The money was supposedly proceeds from illegal drug trading by convicts at the NBP.

In 2022, however, Ragos recanted his testimony, saying that then justice secretary Vitaliano Aguirre II had coerced him to implicate De Lima in the illegal drug trade.

The DOJ argued Ragos was not “able to vitiate his original testimony in open court” and “there are other pieces or evidence on record to prove all the elements of the crime charged, including the role played by both accused in the illegal drug trading inside the NBP.”

It said the Muntinlupa court erred in giving weight to Ragos’ recantation, citing jurisprudence that states recanted testimony is often deemed unreliable compared to an original testimony, which was made by a witness under oath, in the presence of a judge, and with opportunity to cross-examine.

The DOJ further contended that the court failed to disprove the voluntariness and veracity of the earlier testimony given by Ragos in open court and in other venues.

It also noted that Ragos gave his original testimony before congressional hearings, preliminary investigations and courts of law, where he pledged an oath and swore to tell the truth.

Prior to his recantation, Ragos likewise never alleged he was being forced or coerced to participate or testify, the DOJ added.

“Witness Ragos presented no proof of the alleged coercion and did nothing about it. As such, his bare allegation should not be allowed to trample upon and make a mockery of the administration of justice by this Honorable Court,” the motion read.

“By accepting the subsequent recantation of witness Ragos hook, line and sinker, the Honorable Court repudiated all these solemn proceedings, without consideration on how the courts and other bodies conducted the proceedings to ensure the voluntariness and veracity of the statements/allegations made by… Ragos, nor offered an explanation why the statements made by Ragos in those proceedings should not be believed and discarded,” it added.

The DOJ also said Ragos’ testimony was corroborated by other witnesses on all material points.

It noted the decision of the Court of Appeals declaring null and void the acquittal of De Lima, ruling that the Muntinlupa trial court judge in the case failed to substantiate the basis for the acquittal.

The CA had remanded the case to the court, but the DOJ said the order was not complied with.