Prosecution files petition on de Lima's 2nd drugs case

Muntinlupa — Former Senator Leila de Lima has attended the continuation of the trial on the illegal drug trade case against her at the Muntinlupa Regional Trial Court Branch 206.

When asked how she was doing, the former senator replied that she is okay.

Criminal case number 167 is heard for the first time at the sala of Judge Gener M. Gito since it was re-raffled on July.

In criminal case number 167, convicted drug dealer Herbert Colanggo accused de Lima of receiving drug money from Bilibid.

The prosecution presented convicted kidnapper Froilan Trestiza via video conference as their witness.

According to Trestiza’s testimony, a certain Danilo Rico Martinez who introduced himself as a consultant of the DOJ asked "quota money" from him for then Secretary of Justice de Lima.

“Naniwala siya namigay siya ng pera pero nung tinanong namin siya kung meron siyang pruweba na si Rico Martinez eh talagang taga-DOJ, sabi niya wala siyang ebidensya,” said Atty. Filibon Tacardon, de Lima's legal counsel.

Tacardon added that they find Trestiza’s statement irrelevant.

“Yung kanyang mga testimonya eh nangyari noong 2011 hanggang 2013 pero yung kaso na dinidinig natin ngayon eh tungkol ‘to sa mga nangyari noong after 2013 up to 2015. So karamihan sa mga abogado di na nag-cross sa kanya, except kaming defense team ni Sen. Leila de Lima,”

A second witness Rodolfo Magleo also attended via video conference but failed to give a testimony as he is having difficulty in hearing due to an ear infection.

De Lima’s camp hopes that witnesses will be present personally on the next scheduled hearing on September 18.

“Importante bilang abogado na pag cross-examine mo witness eh makita natin demeanor kung paano siya sasagot paano siya magrereact sa mga tanong at dahil dun malalaman natin kung dapat ngang paniwalaan o hindi ang kanyang mga testimonya. So importante sa amin na face to face aming mga pag cross-examine sa mga witnesses.”

Meanwhile, the Department of Justice panel of prosecutors filed a petition for certiorari following the acquittal decision of Judge Abraham Joseph Alcantara of RTC Branch 204 on a criminal case wherein former BuCor chief Rafael Ragos accused de Lima of receiving drug money.

Ragos recanted his testimony and de Lima was acquitted on May 13.

De Lima's lawyers have not yet received the copy of the petition but Tacardon believes that it will be denied.

"I heard this afternoon, the Department of Justice panel of prosecutors appealed the decision rendered by Judge Alcantara doon sa Criminal Case number 165. Honestly, hindi ko pa nababasa yung appeal nila, it's a petition for certiorari. Pero ang immediate reaction namin is Sen. Leila was already acquitted in that case, therefore, DOJ cannot appeal a decision of acquittal."

“We will go over it and we will respond appropriately,” adds Tacardon.

Deputy Caloocan City Prosecutor Darwin Cañete said they have submitted copies of records of the decision to the Office of the Solicitor General for evaluation.

“This is not the first time naman, siyempre if you want to dispute the acquittal of the accused the agency that will pursue that basis would be the OSG, they will file the petition,” Cañete said.

Both the prosecution and defense is hopeful for a speedy trial as the court orders adoption of testimonies of other witness to help hasten the trial.

“We are happy that the honorable court also saw our point that we are trying to expedite the proceedings to be resolved as early as possible,” said Cañete.

De Lima’s camp also hopes the motion for reconsideration for the bail petition will be acted upon as soon as possible.

“Hopefully mabigyan siya pansamantalang laya,” Tacardon said.