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Prosecution to seek return of 3 witnesses vs De Lima

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Mike Navallo, ABS-CBN News

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt="Supporters of former Senator Leila De Lima show their support for the embattled politician as she attends the promulgation on her drug case at the Muntinlupa RTC on May 12, 2023. Jonathan Cellona, ABS-CBN news/File" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2023/news/08/01/20230512-leila-delima-case-promulgation-jc-4841.jpg"/><figcaption>Supporters of former Senator Leila De Lima show their support for the embattled politician as she attends the promulgation on her drug case at the Muntinlupa RTC on May 12, 2023. Jonathan Cellona, ABS-CBN news/File</figcaption></figure></div>MANILA — The prosecution in the remaining drug case against detained former Senator Leila de Lima will seek the return to the New Bilibid Prison (NBP) in Muntinlupa of 3 witnesses who have yet to testify but already transferred to Sablayan prison in Occidental Mindoro on Saturday.Caloocan Deputy City Prosecutor Darwin Cañete said Tuesday they intend to present 3 more witnesses in the last conspiracy to commit illegal drug trading case against the De Lima.“But unfortunately those witnesses have been transferred to another detention facility in Sablayan. So we are asking the court for their attendance in the next hearings on September 11, 18 and 25,” he told the media following a status hearing on Tuesday before Muntinlupa Regional Trial Court (RTC) Branch 206 Judge Gener Gito, to whom the case was recently raffled off.The 3 witnesses — identified as Froilan Testrisa, Rodolfo Magleo and Jaime Patcho — were supposedly among the 10 convicted witnesses against De Lima who were moved to the Sablayan Prison and Penal Farm.On Monday, the wives and relatives of some of the transferred persons deprived of liberty (PDL) went to the Department of Justice in Padre Faura, Manila to complain about the “confidential” move.Justice spokesperson Asec Mico Clavano assured them on Monday that their husbands are safe and in good condition, although the reason for their transfer could not yet be revealed.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/08/01/23/wives-of-pdl-witnesses-vs-de-lima-hit-confidential-jail-transfer">Wives of PDL-witnesses vs De Lima complain of &#x27;confidential&#x27; transfer to Sablayan jail</a></li></ul>Neither the prosecution nor the defense saw anything wrong with the transfer.“They are convicted no so they are under the custody of the BuCor now. It’s up to BuCor. Ang problema talaga namin is prior to the hearing, we really need to confer with them before they testify,” Cañete said.“Wala kaming nakikitang mali o tama dyan. We were just informed this morning na na-transfer na ‘yung mga witnesses. Ang gusto lang namin, during their presentation, ay ma-present. We want to observe the demeanor of these witnesses tulad ng nakaraan kasi gusto namin face to face talaga, yung right to confront the witnesses, ma-avail talaga ng mga akusado,” said Rolly Francisco Peoro, one of the lawyers for De Lima.Peoro stressed the importance of an accused’s constitutional right to confront the witnesses against him/her.“And para maalis lang kung ano man yung ibang circumstances na baka merong ibang ginagawa, we want really to observe the demeanor. Pati na si judge, mabigyan ng opportunity to test yung credibility of the witnesses. And all these witnesses are convicted inmates so mahalaga sa amin na makita talaga sila sa witness stand,” he explained.In an order Tuesday, Judge Gito issued a subpoena, through the Bureau of Corrections (BuCor), for the 3 PDL-witnesses to attend their hearings in September.<div>16 MORE WITNESSES</div>Aside from the 3 witnesses, the prosecution proposed adopting the testimonies of 16 other witnesses who already testified against De Lima in the 2 other drug cases against her which had already been dismissed.Judge Gito required the prosecution to file a written motion while the defense was given 5 days to comment.Cañete said that if the defense counsels accept his proposal, the case could be on track to meet a 9-month deadline imposed by the Office of Court Administrator (OCA) back in April for the Muntinlupa court to finish the case.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/08/23/muntinlupa-court-told-to-finish-de-lima-trial-in-9-months">Court Administrator directs Muntinlupa court to finish De Lima trial within 9 months</a></li></ul>“If the counsels of the defense will adopt my proposal, we’ll be terminating our presentation already within the given period. As to the defense, hindi ko alam kung sino yung testigong gusto nilang iharap…It’s up to them,” he said.The OCA directive was prompted by the length of time the case has dragged on — more than 6 years since De Lima was arrested in February 2017.But at least 2 accused, former BuCor chief Franklin Bucayu and former De Lima aide Joenel Sanchez, are opposing the move because the 2 were not part of the other 2 dismissed drug cases and have not had the chance to cross-examine the witnesses.De Lima’s lawyers are also challenging the proposal.”Ang stand namin, in the first place, this case should not have been filed. So if on track, sobrang delayed na yung justice for Sen. Leila de Lima. There’s a circular sa Supreme Court na dapat matapos with dispatch. Kung gagawin ng prosecution yung kanilang 19 witnesses, we are not on track. So yun ang aming panawagan na sana mapabilis na and let’s adhere na sa order ng Supreme Court na bilisan na yung trial na to. It’s been more than 6 years na,” he said.“if you will take note, these 16 witnesses were presented doon sa 2 cases dati pa. And 2 cases were dismissed already. In a way, this exposes the accused in another jeopardy kasi acquitted na dun sa parehas, same witnesses na naman, so we’re relitigating the same cases again — same testimonies, same everything. Are they expecting a different result? So sa amin, it’s a violation na nung right against double jeopardy,” he added.Both sides said Judge Gito will proceed with hearing the testimony of the 3 witnesses while resolving the prosecution’s motion to adopt the testimony of the 16 witnesses.<div>PETITION FOR BAIL MOTION FOR RECONSIDERATION</div>Meanwhile, one more motion pending before Gito’s desk is De Lima’s motion for reconsideration over the denial of her petition for bail.Muntinlupa RTC Branch 256 Judge Romeo Buenaventura denied the bail plea in June, citing strong evidence against De Lima but he later inhibited from handling the case after it was uncovered that his brother had worked for the late Rep. Reynaldo Umali who spearheaded a congressional probe against De Lima. In that capacity, Buenaventura’s brother allegedly assisted in drafting an affidavit which De Lima’s co-accused, Ronnie Dayan, later retracted for being a “coerced” statement.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/07/23/muntinlupa-court-denies-leila-de-limas-bail-petition">Muntinlupa court denies Leila de Lima&#x27;s bail petition</a></li>	<li><a href="https://news.abs-cbn.com/news/06/16/23/muntinlupa-judge-inhibits-from-de-lima-drug-case">Muntinlupa judge inhibits from De Lima’s drug case</a></li></ul>The case was then raffled off to Muntinlupa RTC Branch 204 Judge Abraham Joseph Alcantara, who also inhibited after prosecutors questioned his impartiality following his acquittal of De Lima in her second drug case in May.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/07/06/23/another-judge-inhibits-from-last-de-lima-drug-case">Another judge inhibits from De Lima’s last drug case</a></li>	<li><a href="https://news.abs-cbn.com/news/05/12/23/de-lima-acquitted-of-conspiracy-to-commit-illegal-drug-trading">De Lima acquitted of conspiracy to commit illegal drug trading</a></li></ul>Judge Alcantara affirmed that acquittal last week.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/07/28/23/court-affirms-de-lima-acquittal-in-2nd-drug-case">Muntinlupa court affirms De Lima’s acquittal in second drug case</a></li></ul>Both camps said Judge Gito confirmed the motion for reconsideration is under consideration but has not given a timeline for the release of the ruling.Granting the motion means De Lima could post bail and could walk free after more than 6 years in detention.<div>RELATED VIDEO</div><figure class="op-interactive"><iframe height="315" src="https://www.youtube.com/embed/p7VAaganfpg?enablejsapi=1" width="560"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

Prosecution to seek return of 3 witnesses vs De Lima

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Prosecution to seek return of 3 witnesses vs De Lima

Mike Navallo,

ABS-CBN News

Published Aug 01, 2023 11:57 PM PHT

Read More:

Leila de Lima

New Bilibid Prison

Muntinlupa

BuCor

Bureau of Corrections

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