THE case of former justice secretary and senator Leila de Lima is a classic example of how the Philippine justice system works — charges against the accused, especially if he or she is a political celebrity, might seem airtight, as pieces of evidence for indictment and prosecution rain on the respondent, only to be found later that guilt could not be determined beyond reasonable doubt.
Such determination by the courts occurs way after the administration that initiated the charges has been replaced by another, perhaps one that is more friendly with the accused politician or celebrity, but after several years in detention — as in the case of Juan Ponce Enrile, Jinggoy Estrada and Ramon Revilla Jr — or several years in hiding, as in the cases of Panfilo Lacson and Greg Honasan.
After more than six years in detention, De Lima was released from the PNP Custodial Center in Camp Crame last Monday after Muntinlupa Court Regional Trial Court Branch 206 Presiding Judge Gener Gito allowed her to post a P300,000 bail for her remaining drug case. De Lima’s two other cases were dismissed in February 2021 and May this year.
‘In the almost seven years of De Lima’s detention, personalities from these organizations have often criticized the Philippines for its alleged non-adherence to the rule of law and its slow and flawed judicial system.’
De Lima’s lawyers said they will seek the dismissal of the last drug case through the filing of a demurrer to evidence. The motion “will now be based on our claim that the prosecution failed to prove the guilt of the accused beyond reasonable doubt,” they said.
As expected, the grant of bail to De Lima and her provisional freedom were hailed by local and international supporters of the feisty lawmaker who bravely took on the then incumbent and powerful President Rodrigo Duterte and his security forces who implemented a bloody war on illegal drugs. De Lima’s three cases all stemmed from allegations made by Duterte that she received payoffs from convicted drug lords to finance her 2016 senatorial campaign and for other personal purposes.
This new twist in the De Lima case elicited a barrage of comments from all over the Philippines and the world, most significant of which was one from US State Department spokesman Matthew Miller who hailed the ruling but called for a quick resolution of the former senator’s last drug case.
Miller said the “United States urges the Philippines to resolve the remaining case against her in a manner that is consistent with its international human rights obligations and commitments.” Aside from the US, De Lima has vocal and active supporters from Amnesty International, Human Rights Watch, and the United Nations High Commissioner for Human Rights. Personalities from these organizations have often criticized the Philippines for its alleged non-adherence to the rule of law and its slow and flawed judicial system.
Sen. Imee Marcos took the issue a stretch further, saying the grant of bail to the former senator proves the Philippine justice system is functioning, thus the country does not need the interference of foreign courts, like the International Criminal Court (ICC), to resolve criminal cases.
“The independence of the judiciary is present and true. Our court is a court of law and justice, oblivious of personalities or any political noise. Senator De Lima’s bail was a testament to that,” she said.
With her comments, Imee Marcos opened another can of worms, focusing on the ICC’s initiative to investigate Duterte for alleged human rights violations such as extrajudicial killings during his term.
Up until now, the Marcos administration has refused to cooperate with the ICC probe, insisting that the country has a functioning justice system that could resolve the cases filed against Duterte and his police officials who implemented his strong-arm policy against illegal drugs.
As De Lima vowed to continue with her democratic advocacies, the saga of her quest for justice for herself and hundreds of other victims continues.
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