MANILA – After almost three years in detention due to illegal drug trade charges, opposition senator Leila De Lima has asked a Muntinlupa City court for a provisional liberty.
In a motion to the Muntinlupa Regional Trial Court Branch 205, De Lima asked the court to allow her to post bail since the prosecution’s evidence against her is not strong and that she is not a flight risk.
The embattled senator said charge against her carries the imposable penalty of life imprisonment. Thus, no bail was recommended by the prosecution.
“In the instant case, the prosecution, after presenting most of its witnesses, miserably failed to establish the required proof evident or presumption great that accused De Lima violated Section 26(b) in relation to Section 5 and Section 3 of [Republic Act 9165],” De Lima’s motion said.
“With this failure of the prosecution to provide evidence, let alone strong evidence, it behooves upon this Honorable Court to allow accused De Lima to post bail as a matter of right,” it added.
De Lima was initially charged with drug trading but it was later changed it to accuse the senator of conspiracy to commit drug trading inside the New Bilibid Prison, which she allegedly committed while she was the secretary of Department of Justice.
“If the witnesses themselves were not engaged in illegal drugs, with whom did accused De Lima conspired to trade these forbidden circumstances?” the senator’s motion further said.
“Ultimately, this motion asks the Court to do one thing, i.e., it is invited to look at what remains of the evidence presented by the Prosecution, after taking away those that were inadmissible, irrelevant, immaterial and pure hearsay. What remains is testimony coming from Prosecution’s own witnesses, the accused De Lima is innocent and devoid of any participation in the illegal drug trade,” the motion also read.
Meanwhile, Justice secretary Menardo Guevarra said the opposition senator could have filed this motion earlier if she believes that the evidences against her were weak.
“[De Lima] should have done this a long time ago if she really thought that all the evidence against her were fabricated,” Guevarra said in a statement./PN
