THE opposition bloc on Thursday released a “minority report” that tagged Senator Leila de Lima as a coddler of drug lords and recommended the filing of criminal charges, including graft, direct and indirect bribery, plunder, drug trafficking and amassing of ill-gotten wealth against her.
The report was released in response to the findings released by the House committee on justice, which did not recommend charges againt De Lima after exposing her alleged role in the illegal drug trade in the New Bilibid Prison when she was still Justice secretary.
The minority report said evidence arising from the four hearings and testimony of 22 inmates showed “probable cause” to warrant the prosecution of De Lima and other officials.
House Minority Leader Danilo Suarez said his bloc disagreed with the House justice committee’s refusal to recommend the prosecution of De Lima and her criminal liabilities.
House Deputy Minority Leader Harry Roque Jr. said recommending De Lima’s prosecution did not violate the separation of powers, because the legislature would merely urge or propose that the Justice Department prosecute De Lima.
This, he said, did not overreach congressional jurisdiction or usurp a function that rightly belongs to the Justice Department.
“Congress cannot close its eyes to the depth of depravity it had just uncovered at the NBP in the course of its legislative investigation,” the minority report said.
“In fact, it may very well be argued that such a congressional recommendation is recognition of the constitutional provision that a public office is a public trust.”
“Unfortunately, the committee on justice, in committee report no. 14, missed the opportunity to discharge the congressional sense of public accountability in the case of a public official embroiled in the drug trafficking scandal at the national penitentiary—Senator Leila de Lima—when it failed to recommend prosecution for her grave misdeeds in the discharge of her functions as secretary of Justice.”
They said they found the panel’s committee report “baffling.”
“The minority dissents as to the decision of the committee not to recommend the filing of applicable criminal cases against Senator Leila de Lima on allegations of her involvement with drug syndicates. The affidavits by several witnesses presented before the committee on justice are, in the view of the minority, sufficient to justify the filing of criminal charges against her,” the report said.
“While the minority understands that these affidavits alone are not enough to convict any person under the law, they are fairly consistent in themselves, and reflect a criminal design that should suffice for purposes of establishing probable cause,” it added.
Roque said any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs, should be removed from office and perpetually disqualified from holding any elective or appointive positions in the government.
“These facts tend to show that De Lima was being given money in exchange for ‘protection’ of the business of drug lords,” the minority group said.
The House committee on justice, chaired by Oriental Mindoro Rep. Reynaldo Umali, earlier concluded its congressional probe into the NBP drug issue without making any recommendation to file criminal charges against De Lima.
Umali said the recommendation was not part of the committee’s mandate as the Justice Department has already initiated the filing of criminal raps against De Lima.
The Volunteers Against Crime and Corruption on Thursday submitted a supplemental complaint with the Justice Department to include the findings of the committee on justice in its case against De Lima.
“All the witnesses who testified before the House committee on justice affirmed the rampant trading and sale of drugs within and outside the NBP,” VACC founding chairman and president Dante Jimenez said.
Several witnesses who testified before the House committee on justice implicated De Lima in the illegal drug trade inside NBP, saying the former Justice secretary received millions of pesos to bankroll her senatorial bid.
“All of them likewise stated under oath that proceeds of the drug sale were delivered to Secretary Leila M. de Lima, in person or via her representatives, for the purpose of helping her in her election campaign,” the supplemental complaint-affidavit stated.
The affidavits of the witnesses were attached to the complaint-affidavit.
Aside from De Lima, others named respondents in the complaint filed by the VACC include former Justice Undersecretary Francisco Baraan III, former Bureau of Corrections chief Franklin Bucayu, De Lima’s former bodyguard and alleged boyfriend Ronnie Dayan, her former security aides Joenel Sanchez and Jose Adrian Dera, convicted kidnapper Jaybee Sebastian and Wilfredo Ely, alleged bagman of Bucayu.
They were charged with violating the Dangerous Drugs Act. With Maricel V. Cruz and Rey E. Requejo