‘Enough evidence for no-bail case’

MANILA, Philippines - The evidence linking Sen. Leila de Lima to the illegal drug trade in the New Bilibid Prison (NBP) is strong enough to file a case against her, Justice Secretary Vitaliano Aguirre II said yesterday.

“Based on testimonial evidence of witnesses presented (in the House of Representatives inquiry) so far, we can already have a very sufficient case,” Aguirre said.

“We can actually file a case in court at this point because we have enough evidence,” he added.

Aguirre said De Lima could face charges under the Comprehensive Dangerous Drugs Act and Anti-Graft and Corrupt Practices Act.

Aguirre believes that if probable cause is established by the Department of Justice (DOJ) upon preliminary investigation, non-bailable cases could be filed against the senator.

And should prosecutors prove the charges in court, De Lima may be up for conviction with life imprisonment as sentence, he said.

“If the testimonies of these witnesses are proven, then that means non-bailable, capital offense and life imprisonment against her,” he said.

Aguirre cited statements of high-profile inmates led by robbery and car theft convict Herbert Colanggo, who claimed they gave millions of payola to De Lima and that fellow high-profile inmate Jaybee Sebastian tapped them to sell drugs from prison to raise funds for De Lima’s senatorial campaign last May.

He noted the testimony of Director Benjamin Magalong, chief of the police Criminal Investigation and Detection Group (CIDG), who said De Lima planned a “staged” raid.

“The testimony of Director Magalong was really shocking. It’s very clear that they pre-empted Oplan Chronos to give way to their own plan. He proved that the raid was conducted so Jaybee Sebastian could monopolize the drug trade,” Aguirre said.

Aguirre said they are now working on gathering additional evidence to further strengthen the case against De Lima.

“We still need documentary evidence like bank records, that’s why we’re asking for assistance of the AMLC (Anti-Money Laundering Council),” he said.

Aguirre said they have made a request with the AMLC for bank documents that could possibly link De Lima to the drug money from NBP.

The AMLC has forwarded to the DOJ several documents, but Aguirre said there are still additional documents needed.

“We will make another request with AMLC,” he said.

Aguirre admitted the difficulty of securing direct transactions from the bank accounts of drug lords to De Lima’s bank accounts, believing the former DOJ secretary is careful enough not to leave a paper trail.

Aguirre hinted the bank transactions could have been made through bank accounts of people around De Lima.

At the Senate, the ethics committee has received the notarized second complaint filed against De Lima, seeking to remove her as member of the Senate and the filing of a case of treason against her.

A certain Ronillo Pulmano filed his complaint against De Lima last Tuesday, but this was not accepted because it was not notarized.

Pulmano submitted his notarized complaint yesterday and said the recent action of Senator De Lima “calling even the UN people to meddle in our sovereign affairs raised a concern towards her intention.”

“The statements Senator De Lima made in all media outfit (sic) made the whole electorate a dubious fools (sic) in having approved of this drug crackdown. Senators and those who are in stratospheric way of living are in no nonsense mode of treating the poor whether we die of hunger or by any crimes committed by drug addicts,” Pulmano said in his complaint.

“The statements made on foreign media are proven to be full of lies and made ostrobogulous (sic) status of the whole nation as unjustified murder capital of the world are giving the OFW’s (sic) a secret laughing stock and laugh at your back mode on many if not all of those abroad,” he added.

“I cannot stand the statements made by Senator De Lima on foreign media, I cannot stand her actions while she was still Secretary of Justice, I cannot stand her self serving and take as fool the whole nation to serve her own objective and protect someone scheme,” he added.

“We want Senator De Lima out of the Senate and tried for treason,” he added.

The first complaint against De Lima was filed by a certain Abelardo de Jesus, who also called for her removal as senator because of the statements made against her by President Duterte in one of his speeches linking her to illegal drugs.

Senate Majority Leader Vicente Sotto III, the chairman of the ethics committee, said they are still going over the first complaint and have yet to take up the second complaint filed against De Lima.

Coercion

At the same time, Aguirre denied the claim of De Lima that Marine Lt. Colonel Ferdinand Marcelino, who faced drug charges before the DOJ, was supposedly being coerced to testify against her.

“That’s not true,” Aguirre said in a text message when sought for reaction.

Aguirre pointed out his office had no hand in the earlier dismissal of the charges and recent reversal and filing of illegal possession of illegal drugs against Marcelino.

He explained the preliminary investigation and resolution of appeal in the complaint of anti-narcotics agents who arrested Marcelino earlier this year were conducted by the National Prosecution Service and that the case would only reach his office when petition for review is filed.

De Lima slammed the DOJ resolution that recommended the filing of drug charges against Marcelino and a Chinese national, reversing the earlier ruling that dismissed the charges against them for lack of evidence.

De Lima hinted Marcelino is being coerced into turning witness against her.

While Marcelino was detained for drug charges, the Philippine National Police said De Lima visited the Marine colonel at the PNP Custodial Center on March 27.

Aguirre in the spotlight

Speaker Pantaleon Alvarez yesterday defended his colleagues’ decision to allow Aguirre to do the questioning of witnesses in this week’s inquiry into the illegal drugs trade inside and outside New Bilibid Prison.

Alvarez said the committee on justice permitted Aguirre to do the “direct examination” of witnesses for orderly procedure.

“That was the agreement. Secretary Aguirre would question all the witnesses first on their testimonies, then members of the committee would ask questions to clarify issues that they want clarified. It would be disorderly if each member would do his own direct examination and cross-examination of every witness,” he said.

Albay Rep. Edcel Lagman has accused the committee on justice chaired by Mindoro Oriental Rep. Reynaldo Umali of violating House rules by allowing Aguirre to question his own witnesses.

“He was the one who brought those convicted drug lords to the inquiry. In effect, he was their lawyer. He should not have been allowed to question or do the direct examination of his own witnesses,” Lagman said.

He said Aguirre, being a veteran litigation lawyer, “should have known that that is improper.”

Lagman’s opposition colleague Rep. Gary Alejano of party-list group Magdalo said convicted drug dealer and armed robbery gang leader Herbert Colanggo and other convicts produced by Aguirre “are angry at their rival at the New Bilibid Prison and at Sen. Leila de Lima.”

“Colanggo and Jaybee Sebastian (another convicted drug dealer) head rival gangs at the Bilibid – the Commando and Presidio gangs. They have their respective fiefdoms and followers. Above them are their bosses – the Chinese drug lords,” he said.

Alejano said the Department of Justice, Philippine National Police and Presidential Anti-Organized Crime Commission used Sebastian of the Presidio gang as an asset to crack down on the illegal drug trade at the national penitentiary.

“They started it in 2013 through a series of raids. Unfortunately, the illegal drugs business did not stop because these convicted drug lords are well entrenched in Bilibid. That is why Colanggo and the others are angry at Senator De Lima and Sebastian, whom they suspected of squealing on them,” he added.

Alejano, a former Marine officer, recalled that prison officials once isolated Sebastian from other inmates because a grenade was thrown into his cell. –Jess Diaz, Marvin Sy, Cecille Suerte Felipe