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“WHEREFORE, premises considered, the instant motions are hereby GRANTED, and the undersigned Presiding Judge voluntarily inhibits himself from further hearing this case,” read the order of Muntinlupa City Regional Trial Court (RTC) Branch 256 Presiding Judge Romeo Buenaventura.

Inhibiting himself from the remaining drug charge means Judge Buenaventura will stop handling the case.

In his order, the presiding judge said the records of the case shall be transmitted to Muntinlupa City Executive Judge for re-raffle. This means the case would be transferred to ther Muntinlupa City RTC branch for the continuation of the trial.

On June 13, Joenel Sanchez, Ronnie Dayan, and Franklin Jesus Bucayu, De Lima’s co-accused in their pending drug charge, filed three separate motions to inhibit.

Sanchez said in his motion that “several news surfaced that the Honorable Presiding judge is the brother of Atty. [Emmanuel] S. Buenaventura.” He added that, Emmanuel Buenaventura was the one “who assisted Accused Dayan in the execution of his affidavit, which was later, testified to by accused Dayan to be coerced.”

De Lima’s co-accused added that the judge’s sibling also served as a legal adviser to the late lawmaker Reynaldo Umali, who headed the House committee on justice. The said House panel conducted hearings in October 2016, where Sanchez had been subpoenaed to testify.

Judge’s explanation

In his order, Judge Buenaventura explained that in Cabañero vs. Cañon, the Supreme Court laid down the following elements in disqualifying a judge in a case: 

• There must be adequate evidence to prove the claim
• It must be shown that the judge had an interest, personal or not, in the case
• “The bias and prejudice must have stemmed from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case”.

However, none of these elements is present in the case, Buenaventura said.

The presiding judge said, the fact that lawyer Emmanuel is his brother is not sufficient to prove that he “acted with malice, bad faith, and partiality in conducting the proceedings in this case, more so in denying the accused’s petitions and motions for bail.” 

Judge Buenaventura said it was beyond his personal knowledge, as the accused claimed, that his brother was a former counsel to Dayan, who assisted the latter in executing his affidavit.

The judge added that the information about his brother supposedly working for the late former lawmaker Umali was also beyond his personal knowledge. 

“At this juncture, the Presiding Judge maintains that, as dispenser of justice, he has conducted himself with the cold impartiality of an impartial judge, and no one had swayed his judgment and conduct in adjudicating the instant case,” he said. 

However, even though he was, as he claimed, impartial and objective in handling the case, Judge Buenaventura said he recognizes that his actions, regardless of how judiciously made, are vulnerable to claims of bias and partiality.

Buenaventura added that he inhibited himself to preserve “the ideal of cold and impartial dispensation of justice by the Court.”

“For this reason, the undersigned Presiding Judge will exercise his discretion and will recuse himself from further hearing this case not because the allegations are true, but because it is his avowed duty as member of the Bench to promote confidence in the judicial system,” the judge added.

New motion

In a statement released on Friday afternoon, De Lima’s lawyers said they welcomed Buenaventura’s voluntary inhibition but added they were saddened by the judge’s failure to disclose his relationship with his brother. 

The lawyers said they hoped that the case would be immediately raffled to a new judge. They also hoped for a timely intervention from the Supreme Court “maintaining its instruction to the new presiding judge to finish the case within 9 months.” 

The De Lima camp plans to file a motion for reconsideration with the new judge to ask that De Lima’s bail denial be reconsidered. 

“Admittedly, the inhibition of Judge Buenaventura and the transfer of this case to another judge will cause a bit of a delay, but our client is steadfast in her resolve that her vindication is near,” the lawyers said. 

They added: “She continues to believe that truth and justice will prevail and that her vindication from these trumped-up charges will come ‘very very soon.’ In her own words, ‘Walang expiration ang pag-labas ng katotohanan’ (truth has no expiration).” – Rappler.com

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“WHEREFORE, premises considered, it is most respectfully prayed that the Order dated 07 June 2023 be RECONSIDERED and SET ASIDE, and that a new Order be issued GRANTING herein Accused’s 11 December 2020 Motion for Bail Ad Cautelam and 09 March 2023 Supplemental Motion for Bail,” the motion for reconsideration (MR) read.

In her motion, De Lima said the court “committed grave but reversible errors” when it found that the prosecution was able to meet the burden of proof, “purportedly” showing that the evidence against De Lima and her fellow accused was strong enough to deny them the right to bail. 

De Lima’s MR came a few days after Muntinlupa City RTC Branch 256 Presiding Judge Romeo Buenaventura denied the petition for bail filed by the former lawmaker and her fellow accused. The court said De Lima’s plea for bail on “humanitarian considerations is untenable.”

The former lawmaker mentioned she is now a senior citizen, has several medical issues, and is not a flight risk – but the court said these grounds are “not compelling.” The denial of De Lima’s bail petition means the opposition leader will remain behind bars as the trial for her remaining drug charge continues.

Must Read

After court denies her bail, what happens to De Lima now?

De Lima faced a total of three drug charges filed under former president Rodrigo Duterte’s administration. Two of these drug cases were already dismissed by the court: one in February 2021, and the other one in May this year.

Despite these acquittals, De Lima remains detained at the Philippine National Police custodial center because her bail petition for her only remaining drug charge had been denied.

De Lima’s arguments

According to De Lima’s motion, the Muntinlupa court erred in using probable cause as a standard in denying the bail petition instead of proof that the evidence of guilt was strong. 

“This can be especially gleaned from the fact that in disposing of the whole bail incident, the Honorable Court never, for a single instance, cited the points raised by herein Accused during the cross-examination of the Prosecution’s witnesses and extensively argued in her Motion for Bail and Supplemental Motion for Bail,” the motion read. 

By doing this, the court “merely” relied on the testimonies of the prosecution’s witnesses “as if no cross-examination was ever conducted by all the accused in this case,” De Lima raised. The former lawmaker said that was tantamount to relying on affidavits, which was proper in determining the probable cause but not in the application for bail. 

De Lima said that what is required in a bail hearing is strong evidence, adding that the standards in probable cause and evidence of guilt are different and “cannot be interchanged.” 

In her motion, De Lima also raised that the Muntinlupa court erred when it found that she allegedly conspired to trade illegal drugs in the New Bilibid Prison by using inmates. De Lima challenged the witnesses’ remarks, including the testimony of Herbert Colanggo. 

De Lima said the court “completely ignored” the fact that Colanggo’s testimony was fully embellished. The former lawmaker added that not a single documentary or object evidence was submitted to reinforce Colanggo’s testimony. 

In addition, De Lima said the court also erred when it concluded that she allegedly agreed to commit illegal drug trading by conducting Oplan Galugad in the national penitentiary. She also noted that the Muntinlupa City RTC Branch 256 “committed jurisdictional errors amounting to grave abuse of discretion in its questioned Order.”

“It is not merely an error of law, but an error of jurisdiction, when the Honorable Court ignored all provisions of law, Rules of Evidence, and Supreme Court jurisprudence on the credibility of convicted criminals as witnesses, and instead found them credible and adopted all their testimonies en toto,” De Lima said. 

Lastly, De Lima pointed out that the court erred when it did not grant her bail on humanitarian grounds. 

She said she believes the court should take a “second harder look” at the humanitarian grounds she mentioned in her petition that “when taken in their totality, are weighty enough alongside herein Accused’s position that the Prosecution’s evidence of guilt is weak or not strong, so as to warrant her provisional liberty.” – Rappler.com

MANILA, Philippines – Joenel Sanchez, Ronnie Dayan, and Franklin Jesus Bucayu, former senator Leila de Lima’s co-accused in their pending drug charge, asked Muntinlupa City Regional Trial Court (RTC) 256 Judge Romeo Buenaventura on Tuesday, June 13, to inhibit from their case.

Seeking an inhibition means the accused wants another judge to handle their case. 

In his motion to inhibit, Sanchez noted that “several news surfaced that the Honorable Presiding judge is the brother of Atty. [Emmanuel] S. Buenaventura.” According to Sanchez, Emmanuel Buenaventura was the one “who assisted Accused Dayan in the execution of his affidavit, which was later, testified to by accused Dayan to be coerced.”

De Lima’s co-accused said that the judge’s sibling also served as a legal adviser to the late lawmaker Reynaldo Umali, who used to chair the House committee on justice. The said House panel conducted hearings in October 2016, where Sanchez had been subpoenaed to testify, the motion read.

Sanchez added that the presiding judge never disclosed his relationship to the lawyer Buenaventura “from the start.” The said information is “relevant and material” to the presiding judge’s impartiality and appearance of impartiality in handling the case, Sanchez added.

“We see the failure of the Honorable Presiding Judge to disclose his relationship with Atty. [Emmanuel] S. Buenaventura as a question to his impartiality and cold neutrality, and a violation of the Constitutional right of the accused to due process, which requires that the hearing is conducted before an impartial and disinterested tribunal,” De Lima’s co-accused added.

If the motions are granted, the trial for the pending case will just continue, according to Boni Tacardon, one of De Lima’s lawyers. 

“If given due course, the case, Criminal Case No. 167, will only be transferred to another court and the new judge will pick up from where we ended in the sala of Judge Buenaventura,” Tacardon told Rappler. 

Dayan’s arguments

In his motion, Dayan noted a Facebook post of a certain Berteni Causing on June 8, 2023, where Causing said “the Honorable Presiding Judge Romeo S. Buenaventura is the brother of Atty. Emmanuel S. Buenaventura.” 

Dayan said the fact that Buenaventura is related to the presiding judge “behooves” his “constitutional right as it is an infringement on his right to due process, particularly his right to be heard by an impartial judge.” 

De Lima’s co-accused said there is a conflict of interest on the part of the presiding judge and hence, he “committed gross negligence, if not gross misconduct, in not declaring that fact that he is the brother of Atty. Emmanuel S. Buenaventura.” 

“The personal relationship of the Honorable Presiding Judge to Atty. Emmanuel S. Buenaventura casts doubt on his duty to uphold the stringent standard of the ‘cold neutrality of an impartial judge’ in trying and deciding this case,” Dayan added.

On June 7, Judge Buenaventura denied the petition for bail filed by De Lima and her fellow accused. Despite De Lima’s acquittal in two different Muntinlupa courts, the former lawmaker will still not be freed since her petition for bail had been denied. – Rappler.com

“The fact that political prisoners like former Sen. Leila de Lima exist shows that we are not truly free as a nation, where human rights defenders, truthtellers, dissenters, and freedom fighters are persecuted and jailed for their political beliefs and acts advocating for social justice and change,” Karapatan secretary-general Cristina Palabay told Rappler on Monday.  

De Lima has been acquitted in two of her three drug-related charges in February 2021 and in May 2023. Her motion for bail in her third case was denied by the Muntinlupa City Regional Trial Court Branch 256 June 7.

Former Bayan Muna representative Teddy Casiño said De Lima’s “unjust and cruel detention is a big indictment on rule of law and human rights.”

“Her case shows the weaponization of the law by those in power and gross violation of human rights of those who, like her, actually defend human rights,” he said.

After 125 years since Philippines’ independence was declared, Casiño said “our country remains a far cry from the independent and democratic republic.”

Human rights lawyer Chel Diokno also lamented the continued detention of the former senator on Independence Day.

“It is sad that, once again, former Senator Leila de Lima will be celebrating Independence Day inside prison due to the court’s decision to dismiss her request for bail in a case based solely on the testimony of convicted criminals,” Diokno said. 

Despite this, Diokno said he “believes that the truth will prevail and it will be proven that Atty. de Lima is innocent.”

De Lima is one of the fiercest critics of Duterte’s war on drugs. Based on government data, at least 6,252 people were killed in police operations alone. If the victims of extrajudicial killings are taken into account, the estimated death toll ranges from 27,000 to 30,000.

De Lima was also the chairperson of the Commission on Human Rights who went to Davao City to investigate the extrajudicial killings carried out by the Davao Death Squad allegedly upon the orders of then-mayor Duterte. Those EJKs are the subject of investigation by the International Criminal Court. – with reports from Jairo Bolledo/Rappler.com

Palatandaan ng isang malayang demokrasya ang kalayaang bumatikos. Pero bakit may mga political prisoner pa rin katulad ng dating justice secretary na si Leila de Lima at ang mamamahayag na si Frenchie Mae Cumpio?

Mahigit anim na taon na sa kulungan si De Lima, at kamakailan ay nabigo ang pakay niyang makamit ang pansamantalang kalayaan nang ibinasura ang petition niya for bail. Ito’y sa kabila ng pagbawi o pag-recant ng mga susing witness laban sa kanya tulad ng dating acting chief ng Bureau of Corrections na si Rafael Ragos at ang umano’y drug lord na si Kerwin Espinosa. 

Sa katunayan, na-acquit na naman si Espinosa sa ikalawang kaso ng drug trafficking charges dahil salat sa ebidensiya. Bakit mailap ang hustisya kay De Lima?

Si Cumpio naman, na tatlong taon na sa kulungan ay humaharap sa terrorism charges na tinaguriang “trumped up” ng kanyang organisasyong Altermidya Network.

May kalayaan ba ang bayang pinaghaharian ng impunity at weaponization ng batas?

Pero maari mo namang sabihin na marami nang nagbago, tulad na lang ng extrajudicial killngs. Wala nang tokhang, di ba? (Ang tokhang ay isang state-sponsored anti-drug trafficking campaign ni Rodrigo Duterte na bumiktima sa mahihirap at umano’y “latak” ng lipunan.)

Mali. Patuloy na nangangamba ang mga pamilyang paboritong target ng drug war ni dating presidente Duterte. Ayon kay Carmen (hindi niya tunay na pangalan), ina ng sinalvage na 21-taong-gulang na si Rolly, akala niya, tapos na ang patayan. Mali ang akala niya.

Habang hindi naman natin puwedeng sabihin na hindi tayo malaya – lalo na ngayon na tapos na ang termino ni Duterte at tila mahaba ang pisi ni Marcos Jr. – hindi rin masasabing lubos tayong malaya.

Ayon sa “Freedom in the World 2023” report ng Freedom House, nag-improve ang kalayaan sa bansa.

Sa report, binigyan ang Pilipinas ng overall global freedom score na 55/100, at binigyan ang bansa ng rating na “partly free.” Nakakuha rin ang Pilipinas ng 25/40 na marka sa political rights at 30/60 para sa civil liberties. 

Pasang-awa, puro borderline. Bahala ka na lang kung malasin ka at mailagay sa cross-hairs ng kinauukulan. At kailan pa naging katanggap-tanggap ang borderline?

Iwan natin ang datos at tanungin ang sarili: panatag ba ang iyong loob kung ang anak o kapatid mo’y sasama sa rally? Hindi, di ba, dahil mabagsik ang anti-terror law.

Panatag ba ang loob mo kung ang anak o kapatid ay gagala sa lansangan ng isang maralitang pook? Aba’y hindi rin – dahil kung hindi man siya matokhang, andiyan ang takot mo na makukursunadahan siya ng mga dumidelihensiyang pulis patola.

Ngayong Independence Day, binalikan namin ang interview ng reporter na si Lian Buan sa sociology professor sa University of the Philippines na si Josephine Dionisio. Ang pamagat ng kanilang podcast ay “Love of Country: Is dissent patriotic?”

Sabi ni Dionisio, ang pagmamahal sa bayan ay hind lamang pagbili ng barong tagalog, pagtayo ‘pag tumutugtog ang Lupang Hinirang, at pagmemorya ng Panatang Makabayan.

Sabi niya, ang love of country ay nangangailangan ng isang “shared imagination” ng isang mas mabuting kinabukasan, na bunga ng dayalogo at debate.

Tulad din ‘yan ng sinasabi ng Nobel Peace Prize laureate at Rappler CEO na si Maria Ressa, na kailangan natin ng “shared facts” upang matahak ang “shared truths” upang mapagsikapan ang “shared values.”

Sabi ni Dionisio, sa kasaysayan, ang nasyonalismo ay kakabit ng “acts of defiance” tulad ng pagbatikos at paghingi ng pagbabago. Dagdag pa niya, “Every day that you encounter injustice, call it out.” Pangalanan daw ang kawalan ng hustisya tuwing nakikita at nadarama natin ito.

Ang hirap nga mahalin ng bayan, pero hindi ‘yan excuse para huwag mahalin ang bayan.

Nang tinanong si Dionisio saan huhugutin ng mga Pilipino ang “love of country,” sabi niya, “Hugutin ito sa pagmamahal sa sarili.” Ayon daw sa UP sociology professor na si Randy David, “self-esteem is to national pride.” 

Ipa-paraphrase namin ang sinabi niya: “Hanapin at tanggapin ang mga bagay na gusto mong mahalin at tanggapin sa ating sarili, at mula doon ay humanap ng inspirasyon na mahalin ang mga nameless, faceless na kababayan.”

Meron daw forever, at pagmamahal sa bayan ay puwedeng panghabambuhay. – Rappler.com

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MANILA, Philippines – A Makati court has acquitted alleged drug lord Rolan “Kerwin” Espinosa and another accused in a drug trade charge filed against them in 2018.

“WHEREFORE, in view of the foregoing, the Demurrer to Evidence filed by both accused are hereby GRANTED. Accordingly, ROLAN E. ESPINOSA AND MARCELO L. ADORCO ARE hereby ACQUITTED of the offense charged on reasonable doubt,” the dispositive portion of the resolution read.

The 21-page decision by Presiding Judge Veronica Tongio-Igot also ordered the release of Espinosa and his fellow accused Marcelo Adorco from detention, “unless they are confined for any other unlawful cause.” The resolution was made on June 6, but publicized only on Thursday, June 8.

Espinosa and Adorco faced a drug charge due to alleged violation of section 26 (b), in relation to section 5, article II of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002. The law’s provision penalizes the attempt or conspiracy to commit “sale, trading, administration, dispensation, delivery, distribution, and transportation” of illegal drugs.

The alleged drug lord was acquitted through a demurrer to evidence.

In 2022, Espinosa retracted all his accusations against detained former senator Leila de Lima and said he “coerced, pressured, intimidated and seriously threatened” to make his previous statement. Espinosa was among the key persons who retracted statements against De Lima, along with former Bureau of Corrections chief Rafael Ragos. 

After the prosecution rests its case in a trial, the accused’s camp can ask the court to allow them to file a demurrer to evidence. Once allowed, the accused can file the said petition that would basically ask the court to dismiss the prosecution’s case on the grounds of insufficient evidence.

If granted, the demurrer to evidence has the same effect as an acquittal.

This is Espinosa’s second acquittal after Makati City RTC Branch 64 dismissed the illegal drug trafficking charges him in 2021 due to lack of evidence. He was acquitted in the said case also through a demurrer.

In an order dated March 16, 2023, the court allowed Espinosa’s camp to file a demurrer to evidence. Adorco filed his on March 31, while Espinosa did on April 4.

The ruling

In explaining the ruling, the court said the prosecution failed to prove the existence of the elements of conspiracy to commit illegal drug trading under RA No. 9165’s section 26. The court added the prosecution was unable to establish the elements of the alleged crime to sustain a conviction beyond reasonable doubt. 

On another ground, the court said the testimonies of the prosecution’s witnesses “have no probative value for being hearsay.”

“While these witnesses can testify on the acts they performed in the course of their official duties, their testimonies on the alleged commission of Illegal Trading as relayed to them by Accused Adorco constitute hearsay,” the court explained. 

The court added that the witnesses’ testimonies on the conduct of the probe into Adorco is admissible “because they have personal knowledge of the same.” However, the witnesses’ testimonies on the alleged illegal drug trade is hearsay because their knowledge on the said matter was limited to the ideas relayed to them, according to the court. 

Makati City RTC Branch 65 added that Adorco’s sworn statements are considered hearsay because he did not affirm their content and Adorco had not been subjected to examination. 

Another ground the court cited was Adorco’s extrajudicial confessions, which were not valid because they failed to conform to constitutional requirements. The court said an extrajudicial confession is not valid when obtained in violation of any of the following rights: 

• To remain silent
• To have an independent counsel preferably of his choice
• To be provided a counsel if unable to secure one
• “To be assisted by one in case of waiver, which should be in writing, of the foregoing”
• To be informed of all such rights 

The court said Adorco’s extrajudicial confessions failed to conform to the said constitutional requirements. 

Lastly, Espinosa’s extrajudicial confession made during Senate hearings is not valid because the prosecution failed “to show that it was made voluntarily,” the court added. – Rappler.com

In a copy of the court order dated May 18, Muntinlupa City Regional Trial Court (RTC) Branch 256 Presiding Judge Romeo Buenaventura responded to the OCA’s order, which mandated the court to finish De Lima’s trial in less than a year.

“The Memorandum is hereby NOTED. IN VIEW THEREOF, the Panel of Prosecutors is hereby directed to complete and terminate its presentation of evidence on June 05, 19, and 26, 2023, all at 2:00 o’clock in the afternoon, as previously scheduled,” Judge Buenaventura said in his order.

The court order was made public on Thursday, June 8.

In his memorandum dated April 28, Court Administrator Raul Villanueva directed Judge Buenaventura to “prioritize and decide” the case within nine months, “considering that the instant case has been pending for six (6) years, and to update the status of the case as soon as it has been disposed of.” Villanueva also mentioned in his memorandum the OCA Circular No. 83-2023, which provided periods in deciding cases.

Under the said OCA circular, cases should be decided in the following periods:

• Cases pending for less than five years should be decided within three months.
• Cases pending for five years years or more, but less than 10 years should be decided within nine months.
• Cases pending for 10 years or more should be decided within a year.

De Lima’s pending case falls under the second category. Since the OCA’s order to Muntinlupa City RTC Branch 256 was issued in April, the verdict on De Lima’s pending case should be released no later than January 2024.

De Lima is facing only one drug charge, which is pending under Judge Buenaventura’s jurisdiction. In the said case, the former lawmaker was accused of allegedly tolerating the “widespread drug trade” inside New Bilibid Prison’s maximum security compound. Bilibid inmates were also able to allegedly produce P70 million that was allegedly given to the former senator.

She faces the charge along with former Bureau of Corrections chief Franklin Bucayu, Wilfredo Elli, Joenel Sanchez, Jose Dera, and Jaybee Sebastian.

In total, De Lima was slapped with three drug charges filed under former president Rodrigo Duterte’s administration. Two of the drug charges were already dismissed by the court: one in February 2021, and then the most recent one in May this year.

However, despite her two acquittals, De Lima will remain behind bars as the trial for her only remaining charge continues after Muntinlupa City RTC Branch 256 denied her petition for bail. The bail plea was key to De Lima’s temporary freedom over six years after she was detained in 2017.

The De Lima camp, meanwhile, is now eyeing a motion for reconsideration to ask the court to reconsider the bail denial. – Rappler.com