Former senator Leila de Lima (File photo)
MANILA – Justice Secretary Jesus Crispin Remulla on Thursday defended the prosecutors’ motion asking the Muntinlupa court to reopen the proceedings against former senator Leila de Lima even after the parties had earlier agreed to submit the case for decision.
Speaking to newsmen, Remulla said the prosecution should be allowed to provide rebuttal evidence in connection with the testimony of former Bureau of Corrections (BuCor) Deputy Director Rafael Ragos who has recanted his testimony against the former senator.
“Nung tinerminate nung judge ‘yung kaso katatapos lang kasi ng retraction ni Mr. Ragos. Kaya entitled dapat ang prosecution i-rebut ito. E hindi nangyari kaya ‘yan po ang hiningi ng prosecution (When the case was terminated by the judge, the retraction by Mr. Ragos had just happened. The prosecutors are entitled to rebut it , that did not happen so the prosecution sought the reopening of the trial),” Remulla said.
“Habang wala pa kasing decision, that motion is considered a good motion (While there is no decision on the case, that motion to reopen the trial is considered a good motion),” he added.
De Lima’s lawyers are asking the Muntinlupa court trying her for narcotics-related charges to turn down the motion of prosecutors for the reopening of the trial against her.
In a five page motion, De Lima's defense counsels, led by Teddy Esteban Rigoroso, urged the Muntinlupa Regional Trial Court (RTC) Branch 204 to deny the government prosecution panel's motion for reconsideration to reopen the trial against the embattled former lawmaker.
The parties both agreed last April 17 to terminate the proceedings and to submit the case for decision. The Department of Justice, however, subsequently sought a reopening of the proceedings to allow the testimony of Public Attorney Office lawyer Demiteer Huerta as rebuttal evidence.
Huerta had been the lawyer of Ragos who had recanted his earlier testimony against De Lima in connection with an alleged racket for her to supposedly collect "hush" money from incarcerated drug lords at the National Bilibid Prison (NBP) to bankroll her senatorial campaign when she was still secretary of justice.
"Ultimately, the move (by the prosecution) to re-open the case at bar fails to present and manifest injustice sought to be avoided," the defense panel said.
"Simply put, these criminal proceedings cannot be held hostage by the lack of diligence of the prosecution which had six years prosecuting the same. The reopening of a criminal case earlier declared to be terminated cannot be done whimsically, capriciously and/or unreasonably. Neither can it be made dependent on the ever-changing moods of the (prosecution) panel," the defense added. (PNA)
