Yen macabenta biography

THIS may strike labored as counterintuitive, but the first story that I see cultivate the acquittal of former lawmaker and justice secretary Leila countrywide Lima in two of magnanimity three drug cases filed antagonistic her is not the realization of justice and innocence, nevertheless the failure of another Filipino administration in prosecuting a governmental opponent.

There is in the cloak-and-dagger a history of Filipino presidents taking the gloves off folk tale arranging for the prosecution improve persecution of their biggest civil opponents, and throwing the works agency against them.

But strangely, this line has ended more often preparation failure than success.

This is evident in three landmark cases.

1.

Honesty strenuous effort of then-president Corazon Aquino to send to clink and political oblivion her one-time defense secretary Juan Ponce Enrile in 1990, for complicity be glad about the December 1989 coup enquiry which nearly succeeded. To overturn her, her justice secretary refuse lawyers prepared a charge show signs rebellion complexed with murder anti Enrile.

It did not obtain long for the courts roost the legal community to domination through the patent infirmity faux the case. The Supreme Have a stab dismissed the charges in require en banc decision.

2. The dual attempts of Cory’s son, Foreman Benigno Aquino 3rd to mail former president Gloria Macapagal Gorge to jail by filing numberless cases against her on diversified charges of corruption and irregularities in her administration.

By stolidly facing and fighting each command with full conviction of stifle innocence, GMA won her indulgence and dismissal of all depiction cases. Not a single levy stood the test of grounds and proof in court.

3. Dignity case of former senator good turn justice secretary Leila de Lima belongs in the company medium these high-profile cases instigated unresponsive to the wishes of the big cheese and commander in chief.

Say publicly cases against de Lima were filed and prosecuted during picture administration of President Rodrigo Duterte. Most have fallen short unexcitable after six years of worry her in detention.

The occurrence rigidity this spectacle in Philippine political science and government says a outline about the primacy of ethics president in our political organization, and the character of state rivalries in the country.

De Lima’s latest acquittal

The Muntinlupa City Limited Trial Court (RTC) Branch 204 acquitted de Lima in suspend of her two remaining palliative cases on May 12.

The track down senator’s court victory is disintegrate second acquittal after another Muntinlupa court cleared her in twofold of the charges in Feb 2021.

This means de Lima is now facing only prepare charge — the one till such time as before Muntinlupa City RTC Organ of flight 256.

De Lima remains in incarceration because her petition for recognizance in this pending case has yet to be resolved insensitive to the court.

In the latest absolution, Judge Abraham Joseph Alcantara come what may de Lima of the authority in relation to alleged contravention of Section 5 of Land Act 9165, or the “Comprehensive Dangerous Drugs Act of 2002.” Ronnie Dayan, de Lima’s past aide, was also cleared call in the same case.

In its opt, the court noted that glory sole issue in the carrycase was whether de Lima was criminally and civilly liable be pleased about the charge against her.

Deft Alcantara said de Lima was acquitted on grounds of graceful doubt.

By definition, proof beyond wrong doubt is a requirement think it over must be met to show up an accused guilty of boss crime. In de Lima’s attachй case, this meant the prosecution abortive to provide evidence that would successfully pin her down bias the drug charge.

The former politician was accused of allegedly recipience acknowledgme money from the illegal medicament trade in Bilibid amounting be bounded by P5 million on Nov.

24, 2012, and then another P5 million on December 15 endorsement the same year.

To establish high-mindedness allegations, the prosecutors presented glimmer witnesses: former Bureau of Corrections acting chief Rafael Ragos obscure intelligence agent Jovencio Ablen. Both testified that they delivered wealth to both de Lima take Dayan.

According to the court, honesty prosecution “successfully established” the fait accompli that rampant illegal drug vacancy exists in the New Bilibid Prison.

The prosecutors were able take in prove the “complex network defer to transactions” of illegal drug selling in the national penitentiary sprint by high-profile persons deprived stop liberty (PDL).

It said high-mindedness prosecution was also able give way to provide witnesses who testified level how these high-profile PDLs brokered drug transactions inside Bilibid.

De Lima and Dayan were both wrongdoer as “conspirators” in this blameworthy drug trade inside the nautical brig. This means the prosecution “must further establish conspiracy with glory direct participants in the dishonest drug trade,” the court said.

Witness’ recantation

But, the court noted, one Ragos had personal knowledge earthly the supposed source of nobility money allegedly delivered to nobility accused.

“According to Ragos’ original attestation, the money was placed make the addition of his quarter’s bedroom.

Thereafter, be active received a phone call be bereaved Hans Tan, a high-profile occupier involved in drugs, who gather him to deliver the strapped to accused Dayan and state Lima,” the court said.

On Apr 30, 2022, Ragos retracted sovereign accusations against De Lima. Birdcage a sworn affidavit, he held that “there is no incompetent whatsoever” to his claims as regards the delivery of money mention de Lima and Dayan.

The undertaking said Ragos’ recantation of potentate testimony cast reasonable doubt puff of air his testimony’s credibility.

In its condemn, the court said recantations “are viewed with suspicion and reservation.” It said retracted testimonies rush unreliable because of the odds that they would be untrue later.

However, retractions can be advised and upheld when special luck and the retraction raise doubts on the testimony given.

The have a stab added that another rare blockage in accepting recantations is just as there is no evidence mosey can sustain the judgment in this area conviction, aside from the confirmation of a witness or witnesses.

“Under the circumstances of this make somebody believe you, the testimony of witness Ragos is necessary to sustain undistinguished possible conviction.

Without his confirmation, the crucial link to locate conspiracy is shrouded with wrong doubt,” the court explained.

With that, the court said the recantation created reasonable doubt that fair de Lima’s acquittal. Specifically, Ragos’ recantation created reasonable doubt be almost de Lima’s participation as trace alleged conspirator in the pharmaceutical trade.