MANILA -- After more than 6 years and 8 months, detained former Senator Leila de Lima will finally walk free, although only temporarily, after a Muntinlupa court allowed her to post bail in the last drug case against her.

Muntinlupa RTC Branch 206 Judge Gener Gito reversed Judge Romeo Buenaventura’s previous denial of De Lima’s bail petition.

Aside from De Lima, her co-accused former Bureau of Corrections chief Franklin Bucayu, her former aides Ronnie Dayan and Joenel Sanchez, and Jad Dera, were allowed to post bail.

All of them were required to pay P300,000 each as bail.

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In a 69-page ruling, Gito said the testimonies of the prosecution's 9 witnesses "were not able to clearly establish that there exists a conspiracy among them to commit illegal drug trading."

In a 69-page ruling, Muntinlupa RTC Br 206 Judge Gener Gito says the testimonies of the prosecution's 9 witnesses "were not able to clearly establish that there exists a conspiracy among them to commit illegal drug trading." pic.twitter.com/AYyFFxCC3Z

— Mike Navallo (@mikenavallo) November 13, 2023

Among the witnesses against De Lima was ret. PS/Supt. Jerry Valeroso, who claimed that he saw P65 million worth of drug money inside the kubol of a Chinese inmate.

The court said that even if true, this will not constitute direct/circumstantial evidence of common resolution to commit crime.

The court also said the testimonies of other convicts do not establish conspiracy to commit illegal drug trading. These include:

• Nonito Arile
• Renante Diaz
• Engelberto Durano
• Noel Martinez
• Joel Capones
• Jojo Baligad

The court also dismissed as "hearsay" the claim of the prosecution's most important witness, Herbert Colanggo, that he was raising funds for De Lima's senatorial bid.

It said the statement came from Sebastian, not De Lima.

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The court also said that the testimony of Retired Gen. Benjamin Magalong, formerly head of PNP Criminal Investigation and Detection Group, will not establish conspiracy to commit illegal drug trading among the accused.

On the contrary, it confirmed De Lima's lack of involvement in the illegal drug trading at the New Bilibid Prison.

The court added that the prosecution failed to present evidence to prove individual acts of the accused that when combined, will prove complicity.

Only Jaybee Sebastian was proven to have committed illegal drug trading, according to the court, but evidential link between him and De Lima and other accused was not established.

"Assessing the totality of evidence presented by the prosecution, the Court is of the firm view that accused De Lima, Bucayu, Dayan, Sanchez and Dera should be allowed to post bail as the prosecution was not able to discharge its burden of establishing that guilt of said accused is strong," the court said.

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