It’s interesting to observe that many nonlawyers preface their opinions on legal matters with “I am not a lawyer, but…” as if they feel the need to apologize for stepping into a realm reserved solely for a chosen few. However, Shakespeare did say, “Let’s kill all the lawyers,” suggesting that we should eliminate the barriers that prevent us from speaking freely. Thus, it was refreshing to discover that shortly after Judge Romeo Buenaventura of the Muntinlupa Regional Trial Court Branch 256 denied bail to former senator Leila de Lima and her coaccused, who have been incarcerated for over six years, the Supreme Court justices made a statement clarifying that denial of bail does not automatically imply a conviction. This reassuring statement came from the “gods of Padre Faura” who rarely comment on cases they are not directly involved in. What prompted them to speak? Was there something so obvious that they couldn’t resist voicing their opinions?
De Lima’s legal team submitted a bail petition for her third and final case (she has been acquitted in two previous cases) based on the strength of their defense, rather than humanitarian factors such as prolonged detention, health issues, or being held hostage within her detention quarters. Thus, the petition was denied. The judge determined that the prosecution’s evidence was strong, despite De Lima’s acquittal in two out of the three drug-related cases against her and her coaccused. It makes one wonder, what exactly is going on? Justice Secretary Jesus Crispin Remulla condescended and dismissed De Lima’s legal team’s efforts, suggesting that they should have invoked humanitarian grounds instead. If they had done so, he claimed, the government may not have opposed her bail request. But instead, they decided to make a display of their ability to handle the case. Is it preferable then to plead for mercy based on humanitarian grounds, shedding tears and grinding our teeth, while disregarding the merits of the case? Remulla also stated that De Lima’s acquittal in the second case doesn’t imply innocence. It seems that an accused individual is presumed innocent until proven guilty, but once they are proven innocent beyond a reasonable doubt, they are presumed guilty. Did Remulla need to rub salt in the wound?
There are cases where guilt seems obvious, yet the accused are acquitted, leaving the investigators who worked tirelessly on the case bewildered. I recall a top investigator looking me in the eye and declaring, “I am morally certain they committed the crime.” He knew what he knew, and it shattered him. However, evidence is crucial, and if there is little evidence remaining due to certain circumstances… And now, De Lima’s coaccused, Ronnie Dayan and Joenel Sanchez (her former aides), along with former Bureau of Corrections director Franklin Jesus Bucayu, are requesting that Judge Buenaventura voluntarily recuse himself from the case. It turns out that Buenaventura’s brother, Emmanuel, was the lawyer who made Dayan sign an affidavit implicating De Lima in receiving drug money. Dayan has since retracted his statement. How this situation will be resolved is anyone’s guess. Something has to give. These three individuals claim that Emmanuel Buenaventura was a lawyer for the late Rep. Reynaldo Umali, who chaired the justice panel of the House of Representatives during the hearings on alleged drug transactions at the New Bilibid Prison (NBP). De Lima was the justice secretary at the time, and the NBP fell under her jurisdiction. Former president Rodrigo Duterte, who initiated a drug war that claimed the lives of numerous innocent people, some executed in cold blood, was the subject of De Lima’s investigation when she was a senator. And now, he faces investigation by the International Criminal Court. Perhaps he won’t have the last laugh.
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