De Lima’s Attempt for Freedom Receives a Heavy Setback

Former senator Leila de Lima’s six-year-long detention has suffered a significant setback with Judge Romeo S. Buenaventura of the Regional Trial Court (RTC) of Muntinlupa (Branch 256) denying her “Motion for Bail Ad Cautelam” and several others. The feisty former senator, who stands accused of an alleged conspiracy with prison officials and inmates under her control, sold and traded illicit drugs while serving as the secretary of justice from March 2013 to May 2015 inside the National Bilibid Prison. De Lima’s plea for bail was refused because of the severe nature of the offense, which could result in life imprisonment or capital punishment.

Although the Constitution allows bail for most offenses, the accused are not eligible for bail if they are charged with a capital offense resulting in life imprisonment or death, and if the evidence of their guilt is strong, such as illegal drug trafficking. De Lima maintained that the prosecution had failed to demonstrate clear proof of her conspiracy to commit illegal drug trafficking, and that the evidence submitted did not establish her culpability. The judge’s 35-page order stated that the sole issue at hand was whether the evidence presented by the prosecution was convincing. After reviewing the evidence, Judge Buenaventura ruled that the evidence of guilt was overwhelming, indicating the prima facie case’s existence. While De Lima is entitled to due process, speedy trial, and humanitarian grounds, the judge indicated that the prosecution presented ample evidence of her wrongdoing, indicating that she should remain detained to prevent further wrongdoing.

Although De Lima has several avenues of appeal, these remedies will only serve to prolong her detention, creating regulatory and legal challenges. Justice delayed is justice denied, not just for the accused but also for the prosecution and the rule of law. Despite the Supreme Court’s timely advisory assuring the public that the denial of De Lima’s bail application is not the final adjudication of the case, the continued detention, if found innocent, is oppressive and objectionable. Therefore, it is more critical than ever to resolve the case expeditiously, as instructed in the memo issued by diligent court administrator Raul B. Villanueva on April 28.

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