BY GEROME DALIPE IV
ILOILO City – Mayor Jerry Treñas said he did not oppose the move of the allies of former President Rodrigo Duterte in the House of Representatives when they investigated then senator Leila de Lima for alleged involvement in illegal drugs at the New Bilibid Prison in 2016.
While he was “glad” that de Lima had been acquitted of the drug charges, Treñas explained he did not oppose the decision of the majority House members despite being a justice committee member during his term as congressman of Iloilo City’s lone district.
“I did not participate in the hearings in the House. I did not agree to the same (investigation on de Lima) but cannot go against the administration at that time,” the mayor said.
Judge Gener Gito of the Muntinlupa City Regional Trial Court Branch 206 on Monday dismissed all the drug charges filed against the senator during the term of Duterte. The judge granted de Lima’s demurrer to evidence and dismissed the third and last case of conspiracy to commit drug trading.
Under Rule 119 of the Revised Rules of Criminal Procedure, after the prosecution rests its case, the accused may file a motion for demurrer to evidence on the ground of insufficiency of evidence.
In criminal cases, the acquittal of the accused resulting from a granted demurrer cannot be appealed due to the constitutional prohibition against double jeopardy.
“Wherefore, for the failure of the Prosecution to prove the guilt of all the accused beyond a reasonable doubt, the respective Demurrer to Evidence filed by the accused is granted,” read Gito’s decision.
The prosecution failed to convince the judge when they presented the testimonies of the nine bail-hearing witnesses which formed part of the prosecution’s chief evidence-in-chief that the accused committed illegal drug trading.
“Their testimonies are marred with incredulities and inconsistencies which affect not only their credibility but also the credulity of their own testimonial stories,” the judge ruled.
Lawmakers belonging to the minority bloc in the House of Representatives had opposed the move to invite de Lima to an investigation into the drug problem at the New Bilibid Prison, saying that such violated parliamentary courtesy between the chambers of Congress.
“If the courts say there was no case after the presentation of evidence by the prosecution, then the guilt of the accused was not proven,” said Treñas.
“I know what Senator de Lima went through. Worst of all, she was in jail for a very long time. I think she has every right to go after those who filed the cases against her,” he added.
Asked if parliamentary courtesy was violated when the House members investigated de Lima, Treñas said the senator did not participate in the hearings.
“A congressman or a senator cannot be compelled to appear in the other house as it will violate parliamentary courtesy if an investigation can proceed,” said Treñas./PN
