De Lima sues inmate-witness for illegal drug trading
MANILA, Philippines — Detained Sen. Leila De Lima filed criminal complaints against murder convict Joel Capones, the prosecution’s star witness against her in the conspiracy to commit illegal drug trading case she is facing.
De Lima filed a complaint alleging violation of illegal trading and conspiracy to sell drugs against Capones and 13 others mayors of the Sigue Sigue Sputnik Gang.
The senator cited in particular Capones’ statements during the February 16 hearing at the Muntinlupa Regional Trial Court Branch 256 in the trial against her.
“During the conduct of the Prosecution’s Direct Examination by Prosecutor Ramoncito Bienvenido Ocampo Jr., Capones confessed his participation in the commission of the crime of conspiracy to commit illegal drug trading… that sometime in the first week of January 2014 up to October of the same year, together with his 13 mayores [or lieutenants] of the Sigue Sigue Sputnik Gang… he agreed to sell and actually sold illegal drugs at the New Bilibid Prison,” De Lima’s complaint-affidavit read.
Capones testified before the court that he remitted money to convict Jaybee Sebastian, who has since died, and that he saw the latter give money to Jad Dera, said to be the senator’s nephew but who later claimed to be a police asset instead.
The conspiracy to commit illegal drug trading pending before the Muntinlupa RTC Branch 256 is the third case against De Lima. She has since been acquitted in one, while trial continues in a second case pending before Branch 205.
“Verily, Mr. Capones unequivocally confessed his participation in the conspiracy to commit illegal drug trading as the head of the Sigue SIgue Sputnik Gang along with his 13 mayores inside the New Bilibid Prison,” she said. De Lima pointed out, however, that Capones has not been charged with any crime related to his confession in open court.
De Lima asserted that she personally witnessed Capones’ confession and she has personal knowledge of the inmate’s admission.
She also pointed out that Section 33, Rule 130 Revised Rules on Evidence states that the declaration of an accused acknowledging his guilt of the offense charged may be given in evidence. “Here, the judicial confession made by Mr. Capones may be used against him,” she added.
“Mr. Capones’ judicial confession that I personally witnessed constitutes evidence under Sec. 33, Rule 130 of the Revised Rules on Evidence that Mr. Capones indeed committed the crime of conspiracy to commit illegal drug trading that he should be held liable and prosecuted therefor,” the senator added.
De Lima’s lawyers also filed a separate complaint against Capones and the 13 mayors of the Sigue Sigue Sputnik Gang. They are lawyers Teddy Esteban Rigoroso, Filibon Tacardon, Dino De Leon, Rolly Francis Peoro and Raymond Marvic Baguilat
In their separate complaint-affidavit alleging the same violations, they stressed that “any lawyer would be remiss of their duties to promote respect for law and legal processes if they ignore that a person admits to a crime and remains impervious."
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