Metro Manila (CNN Philippines, April 19) — The camp of former senator Leila de Lima opposed the Department of Justice’s (DOJ) attempt to reopen the trial on one of her remaining drug cases already submitted for decision to present “rebuttal evidence” against her.
In a “vehement opposition” from the camp of the former senator, they argued that both the defense and the panel on April 17 agreed to end the proceedings and submit the case for resolution.
The DOJ on the same day filed an urgent motion for reconsideration before Muntinlupa Regional Trial Court Branch 204, seeking to reopen De Lima’s Criminal Case No. 17-165.
Prosecutors said in their motion that they intend to submit exhibits during the presentation of evidence of co-accused Ronnie Dayan, together with testimony from the Public Attorney’s Office’s lawyer Demiteer Huerta.
Dayan served as the former senator’s bodyguard. Prosecutors alleged he served as De Lima’s drug money collector.
De Lima, a vocal critic of President Rodrigo Duterte, has been in jail since 2017 over allegations that she financed her senatorial campaign using drug money from New Bilibid Prison inmates. This claim, however, had been withdrawn by former Bureau of Corrections officer-in-charge Rafael Ragos last year, saying that he was “coerced” by then Justice Secretary Vitaliano Aguirre, an appointee of Duterte.
But state prosecutors were confident that the rebuttal evidence would “explain, repel, counteract, or disprove the evidence of the adversary.”
“While the presentation of rebuttal evidence is discretionary with the prosecution in a criminal action, in the instant case, the overwhelming import of the new facts disclosed by the accused which have a damaging effect on the complainant’s version is imperative and necessary for the prosecution to present rebuttal evidence,” the motion stated.
According to De Lima’s camp, the hearing on April 17 was scheduled after the termination of the presentation of evidence for Dayan last March 10. They pointed out that over a month has passed and the prosecutors “remained silent as to its intent to introduce rebuttal evidence.”
For the first time, through the challenged Motion, or 37 days after the last hearing, and after already agreeing in open court to submit the case for decision, the Panel suddenly moves to offer rebuttal evidence,” they said.Her camp further maintained that the proposed testimony from Huerta is “not newly discovered evidence” as they said Huerta was “in close and even direct coordination with the Panel.The Panel should have known, as of 17 April 2023, that his testimony will be material, if at all, for the Panel of Prosecutors and should have pleaded to the Court to allow them to present him as a rebuttal witness – instead of manifesting their agreement to consider the case closed and submitting the entire case for decision,” they said.The prosecution asked the court to reopen the trial despite a supposed agreement between the parties to have the case submitted for decision, with the promulgation expected on May 12, De Lima’s counsel Lawyer Filibon Tacardon told CNN Philippines.
RELATED: De Lima drug case submitted for decision, promulgation expected on May 12
Meanwhile, reopening of proceedings is allowed under the Rules of Court “to avoid miscarriage of justice,” according to retired Justice Magdangal de Leon.De Leon said that the judge would consider such petition given that it is a high profile case.
