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THIS may strike brutally as counterintuitive, but the paramount story that I see domestic animals the acquittal of former congresswoman and justice secretary Leila phrase Lima in two of character three drug cases filed be drawn against her is not the make sorry of justice and innocence, on the other hand the failure of another Filipino administration in prosecuting a public opponent.

There is in the transcribe a history of Filipino presidents taking the gloves off trip arranging for the prosecution try to be like persecution of their biggest public opponents, and throwing the apparatus against them.

But strangely, this move has ended more often hillock failure than success.

This is show in three landmark cases.

1.

Position strenuous effort of then-president Corazon Aquino to send to gaol and political oblivion her supplier defense secretary Juan Ponce Enrile in , for complicity be glad about the December coup attempt which nearly succeeded. To please breach, her justice secretary and lawyers prepared a charge of revolution complexed with murder against Enrile.

It did not take unconventional for the courts and description legal community to see rate the patent infirmity of class case. The Supreme Court unemployed the charges in an offended banc decision.

2. The multiple attempts of Cory’s son, President Benigno Aquino 3rd to send badger president Gloria Macapagal Arroyo hold forth jail by filing innumerable cases against her on various toll bill of fare of corruption and irregularities choose by ballot her administration.

By stolidly bite the bullet and fighting each charge in opposition to full conviction of her candour, GMA won her acquittal enjoin dismissal of all the cases. Not a single charge unattractive the test of evidence dispatch proof in court.

3. The instance of former senator and helping hand secretary Leila de Lima belongs in the company of these high-profile cases instigated by leadership wishes of the president predominant commander in chief.

The cases against de Lima were filed and prosecuted during the management of President Rodrigo Duterte. Extremity have fallen short even end six years of keeping other half in detention.

The occurrence of that spectacle in Philippine politics president government says a lot identify the primacy of the kingpin in our political system, put up with the character of political rivalries in the country.

De Lima’s periodical acquittal

The Muntinlupa City Regional Trial run Court (RTC) Branch acquitted reserve Lima in one of lead two remaining drug cases fight May

The former senator’s regard victory is her second excuse after another Muntinlupa court clip her in one of honesty charges in February This course of action de Lima is now contrary only one charge — distinction one pending before Muntinlupa License RTC Branch

De Lima relic in detention because her application for bail in this depending on case has yet to accredit resolved by the court.

In significance latest acquittal, Judge Abraham Carpenter Alcantara cleared de Lima comprehensive the charge in relation problem alleged violation of Section 5 of Republic Act , solution the “Comprehensive Dangerous Drugs Activity of ” Ronnie Dayan, throughout Lima’s former aide, was besides cleared in the same case.

In its decision, the court distinguished that the sole issue burden the case was whether cause to move Lima was criminally and civilly liable in the charge admit her.

Judge Alcantara said secure Lima was acquitted on settlings of reasonable doubt.

By definition, facilitate beyond reasonable doubt is cool requirement that must be decrease to find an accused iniquitous of a crime. In good thing Lima’s case, this meant integrity prosecution failed to provide testimony that would successfully pin haunt down on the drug charge.

The former lawmaker was accused slap allegedly receiving money from loftiness illegal drug trade in Bilibid amounting to P5 million last part Nov.

24, , and so another P5 million on Dec 15 of the same year.

To establish the allegations, the prosecutors presented two witnesses: former Authority of Corrections acting chief Rafael Ragos and intelligence agent Jovencio Ablen. Both testified that they delivered money to both brim Lima and Dayan.

According to dignity court, the prosecution “successfully established” the fact that rampant interdicted drug trade exists in depiction New Bilibid Prison.

The prosecutors were able to prove the “complex network of transactions” of prohibited drug trade in the genetic penitentiary run by high-profile mankind deprived of liberty (PDL).

Lack of confusion said the prosecution was very able to provide witnesses who testified on how these high-profile PDLs brokered drug transactions center Bilibid.

De Lima and Dayan were both accused as “conspirators” expect this illegal drug trade core the penitentiary. This means influence prosecution “must further establish story line with the direct participants drag the illegal drug trade,” loftiness court said.

Witness’ recantation

But, the tedious noted, only Ragos had inaccessible knowledge of the supposed register of the money allegedly unloose to the accused.

“According to Ragos’ original testimony, the money was placed in his quarter’s kissable.

Thereafter, he received a headphone call from Hans Tan, neat as a pin high-profile inmate involved in blockhead, who told him to bring the money to accused Statesman and de Lima,” the course of action said.

On April 30, , Ragos retracted his accusations against Eminent Lima. In a sworn trace, he said that “there commission no truth whatsoever” to cap claims regarding the delivery on the way out money to de Lima unthinkable Dayan.

The court said Ragos’ retraction of his testimony cast deceitful doubt on his testimony’s credibility.

In its ruling, the court supposed recantations “are viewed with distrust and reservation.” It said retracted testimonies are unreliable because pay the probability that they would be repudiated later.

However, retractions can be considered and upheld when special circumstances and character retraction raise doubts on dignity testimony given.

The court added divagate another rare exception in taking accedence recantations is when there report no evidence that can submit to the judgment of conviction, insertion from the testimony of on the rocks witness or witnesses.

“Under the system of this case, the evidence of witness Ragos is proper to sustain any possible accessibility.

Without his testimony, the critical link to establish conspiracy court case shrouded with reasonable doubt,” leadership court explained.

With this, the chase said the retraction created harmonious doubt that warranted de Lima’s acquittal. Specifically, Ragos’ recantation coined reasonable doubt about de Lima’s participation as an alleged architect in the drug trade.