The Leila de Lima conundrum and a compromise

It is obvious to me, as with most, that the move to prosecute Senator Leila de Lima was motivated by revenge. The intention was less than noble from the very beginning.

It will be recalled that in 2016, the former Justice Secretary, the former Public Attorney and the members of the 17th Congress, all of whom frothing in the mouth to gain President Duterte’s favor, conspired to attack, malign and embarrass Senator De Lima, hitting her with wallops to debase her womanhood and send her to prison.

On February 2017, President Duterte got what he wanted. De Lima was sent to jail where she continues to languish until today.

By acting as the attack dogs of the president and using suspicious tactics to secure evidence, the former Justice Secretary and Public Attorney seriously undermined the credibility of the justice system.

Why is this a cause for concern? Because a fair, equitable and credible justice system is fundamental for democracy to survive. It is essential for the economy to prosper. It is a prerequisite for the country to be in good standing with the global community. More importantly, it is basic requirement for a civilized society. Conversely, if the justice system is manipulated and weaponized, public disorder ensues and we become a banana republic.

The stunt of the former Justice Secretary and Public Attorney did the country a great disservice. What stings acerbically is that it was done to satisfy just one person at the expense of the Filipino people.

But tides have shifted. The country is governed with more professionalism and dignity under BBM’s baton.

President Marcos has proven to be on the right side of democracy, diplomacy and even geopolitics. We would like to think that he is in the right side of justice too.

Given the blowback of Senator De Lima’s case (which seeps into the reputation of BBM himself), it makes sense for BBM to release De Lima immediately rather than pussyfoot on the matter.

In what ways do we feel the   blowback? Apart from damaging the reputations of BBM and the country as a whole, keeping De Lima in prison gives the impression that BBM is not in control and that he abets injustice; It validates the impression that the Philippine justice system is a sham and unsuitable for doing business; It threatens ongoing trade negotiations, not the least of which is our GSP+ status with the European Union; It has lead many nations to put their aid/grants for the Philippines on hold. This, among many other consequences.

But there are political considerations. For one, there is a political debt to Mr. Duterte for not standing in the way of his (BBM’s) presidency. There is also the threat of retribution from of Mr. Duterte’s camp of supporters. It is a conundrum.

So here is a compromise. With a multitude of consequences on one hand and the specter of retribution on the other, a sensible middle ground is to release De Lima immediately and drop the charges against her while continuing to hold off on the ICC inquiry. The latter is a courtesy to President Duterte. Again, this is not the ideal situation. But for now, it is an arrangement that works.

The facts of the case.

Many may have forgotten the key facts of the case. Let me recount them for ease in understanding.

• De Lima served as Chairperson of the Commission on Human Rights from 2008 to 2010. She investigated the alleged extrajudicial killings (EJK’s) linked to the Davao Death Squad while Mr. Duterte was mayor. She concluded that Mr. Duterte was indeed behind the macabre killings.

• De Lima was appointed Secretary of Justice in 2010 and elected Senator in 2016.

• In August 2016, De Lima launched a senate inquiry on EJKs related to Mr. Duterte’s drug war.

• Since the inquiry began, she has been the target of intimidation and vulgar defamation, led by Mr. Duterte himself.

• De Lima was arrested and detained on Feb. 24, 2017 over accusations of receiving drug money. The charges were based on a Congressional inquiry that alleged that De Lima had a hand in the drug trade inside the New Bilibid Prison. Suspiciously, the Congress-led inquiry was launched one week after De Lima initiated her inquiry on EJKs.

• De Lima was charged with three cases. On Feb. 17, 2021, she was technically acquitted of one case (Case Number 17-166). Not only was there no physical evidence of alleged illegal drugs or the money delivered to De Lima, even the prosecution’s own witnesses, mostly criminals serving sentences, denied involvement or knowledge of the matter.

• The only person who was consistently singled out by witnesses as having personal knowledge of drug trade died on Sept. 26, 2016. That person, Mr. Tony Co, was an inmate who was stabbed to death in a staged prison riot that targeted inmates who refused to testify against De Lima before Congress.

• Most significantly, the prosecution’s foremost witness in the case, former Bureau of Corrections OIC, Rafael Ragos, who had been the sole witness to testify that he had delivered money to De Lima’s residence on two occasions, recanted all his testimonies on 30 April 2022. Ragos said that he was forced to testify by the then Justice Secretary Vitaliano Aguirre II, who led the witch-hunt against De Lima.

• In the second remaining case (case number. 17-167), at least two witnesses, Joel Capones and Herbert Colanggo, claim to have engaged in illegal drug trading. Despite these admissions made under oath, to this day, the prosecution has refuses to charge them. This conspicuous refusal by the prosecution to indict the persons engaged in illegal drug trading raises doubts as to the veracity of their testimony as they are clearly benefiting from the State’s failure to prosecute them.

• De Lima remains in prison. This is her sixth year of incarceration.

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Andrew Masigan’s e-mail address is [email protected]. Follow him on Twitter @aj_masigan