MANILA, Philippines — The legal team of Sen. Leila De Lima will appeal the Muntinlupa court’s denial of their plea for bail, after securing the senator’s acquittal in another.
The Muntinlupa Regional Trial Court Branch 205 on Wednesday granted De Lima’s demurrer to evidence in Case No. 166, where Jad Dera, said to be her nephew but who later claimed to be a police asset instead was her co-accused.
The same court however junked their demurrer and petition for bail in the second case, this time with De Lima’s former aide Ronnie Dayan as co-accused.
Lawyer Dino De Leon in an interview with ANC’s "Headstart" Thursday morning said they intend to appeal the dismissal of their petition for bail, stressing that the senator is not a flight risk.
“Because jurisprudence states, in fact, as we know a lot of politicians, including [Former Sen. Juan Ponce Enrile] in the past, have been granted bail just because they are not flight risks,” De Leon said.
“Considering the position of the senator as an incumbent senator of the Republic of the Philippines, former chair of Commission on Human Rights [and] secretary of Justice, she had numerous opportunities in the past [to flee] if she doesn’t intend to face these actions,” he added.
Muntinlupa RTC Branch 205 Judge Liezel Aquiatan, in denying De Lima’s demurrer and plea for bail, said that the senator and Dayan must explain to the court the P10 million they allegedly received, why the Philippine Drug Enforcement Agency and the police Criminal Investigation and Detection Group were excluded from Oplan Galugad, and why illegal drug trading continued even after the raid.
Oplan Galugad refers to surprise inspections to find contraband that inmates may have snuck into the New Bilibid Prison.
"These facts, if unrebutted, the same is prima facie sufficient to support a verdict of guilt against the accused," the court added.
The presentation of the defense’s evidence will be in the morning of March 5.
'A moral victory'
As it is, De Lima still cannot walk free, since her bail in one case was denied and with a third case pending before Muntinlupa RTC Branch 256.
De Leon said Branch 256 is still conducting hearings on their petition for bail and the prosecution is not yet done presenting their witnesses. He said they are hoping that this court would grant their petition for bail.
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But De Lima and her legal team count the acquittal in one case as a “moral victory,” noting that they secured the court victory during the administration of President Rodrigo Duterte.
The senator, an outspoken critic of the president, had long accused the government of having a hand in the filing of cases against her, an allegation the Palace denied.
Lawyer Rolly Peoro, one of De Lima’s counsels, meanwhile said in a separate ANC interview that their legal team counts the senator’s acquittal as a “morale booster and source of inspiration” in their fight.
Peoro also noted that they sees this as an opportunity to show their defenses now in court, which they were not able to do during the congressional hearings in 2016 where they were not able to cross examine the witnesses.
"Now we will be provided with out chance to give our details and or version of the story and wpoeple will no know what really happened during that time," he added.
De Lima has been detained inside the police headquarters since February 2017.