De Lima camp studying Gigi Reyes’ release, sees bail grant by March

Metro Manila (CNN Philippines, January 20) — If an accused in the pork barrel scam was allowed out of jail based on the right to speedy trial, is this applicable as well to the case of former Senator Leila de Lima who has been detained for six years?

De Lima’s camp said it is studying the Supreme Court decision on the temporary release of Jessica Lucila “Gigi” Reyes, former aide of now Presidential Legal Counsel Juan Ponce Enrile, who was detained for nearly nine years for plunder.

This week, the high court granted Reyes’ petition for a writ of habeas corpus, saying her prolonged detention without a court conviction “has become oppressive thus infringing upon her right to liberty.”

In a phone interview with CNN Philippines on Friday, De Lima’s lawyer Boni Tacardon said the defense team is looking into the possibility of filing a similar petition before the Supreme Court.

“To be honest, we are currently studying the resolution of the Supreme Court in the case of Gigi Reyes at tinitingnan namin ‘yung similarity niya sa case ni [and we’re looking at its similarity with the case of] Sen. Leila de Lima,” Tacardon said.

“It’s not only the period of time kasi ang iko-consider natin diyan. It’s also the reason why naging prolonged ang detention ni Gigi Reyes,” he added.

[Translation: It’s not only the period of time that we’re considering here. It’s also the reason why Gigi Reyes’ detention has been prolonged.]

Tacardon said lawyers are weighing the best option for De Lima, as they expect a resolution on her bail petition within the first quarter. Running to the Supreme Court, on the other hand, may have its “complications,” he said.

“Kasi before lumabas iyang kay Gigi Reyes, we’re looking at February and March as a possible D-Day insofar as Sen. Leila is concerned,” the lawyer noted. “Nagpe-pray kami sa court na mapagbigyan ang application for bail.”

[Translation: Before the decision on Gigi Reyes was released, we’re looking at February and March as a possible D-Day in so far as Sen. Leila is concerned. We’re praying that the court will grant the application for bail.]

De Lima’s lawyers said pending the dismissal of her two remaining drug cases, she should at least be allowed to post bail for lack of evidence.

Tacardon explained that in Criminal Case No. 165, former Bureau of Corrections officer-in-charge Rafael Ragos’ previous testimony that he delivered drug money to De Lima in 2012 was the prosecution’s only basis for saying she received cold cash from inmates when she was justice secretary. Ragos’ recantation should prompt the court to free De Lima, he said.

In Criminal Case No. 167, De Lima is accused of conspiring with convicts and abetting the Bilibid drug trade. The defense team said evidence here is insufficient as well. It is set to cross-examine prosecution witness Herbert Colanggo on Jan. 30 and Feb. 6.

“So, hopefully, after the termination of the testimony of Herbert Colanggo, the petition for bail will be resolved by the court. Kasi [Because] we have info that Herbert Colanggo is the last witness for the prosecution in the application for bail,” Tacardon said.

Whistleblower Sandra Cam recently joined the list of personalities who withdrew their claims against De Lima. The others were Ragos, De Lima’s co-accused Ronnie Dayan, and alleged drug lord Kerwin Espinosa.

Tacardon urged Cam to name those who supposedly “used” her to pin De Lima down.

“Si Sandra Cam is not a witness in any of the cases filed against Sen. Leila de Lima. Ang magandang implication ng kanyang paglabas, ng kanyang statement is that we sa defense team niya, iyan yung matagal na naming sinasabi na there was a group of people who actually instigated and used people to cause the unjust imprisonment of Sen. Leila. Interesado rin kaming malaman sino yung gumamit sa kanya,” he added.

[Translation: Sandra Cam is not a witness in any of the cases filed against Sen. Leila de Lima. The good implication of her release, her statement is that this was what we’ve been saying before, that there was a group of people who actually instigated and used people to cause the unjust imprisonment of Sen. Leila. We’re also interested to know who used her.]

De Lima, a staunch critic of former President Rodrigo Duterte, claims to be a victim of political persecution, something the past administration repeatedly denied.

Asked by CNN Philippines if the ruling constitutes a precedent for other pending high-profile criminal cases — such as De Lima’s — Justice Secretary Jesus Crispin “Boying” Remulla said: “Possible…The same reasoning may apply to Sen. De Lima’s case.”

CNN Philippines senior correspondent Anjo Alimario contributed to this report.