The former senator is going after the men who caused her detention for almost seven years
Hindi ‘nyo ‘ko kinaya. Nakatayo pa rin ako, nakatindig pa rin ako. And sana, ma-realize mo [former president Rodrigo Duterte] na malaking kamalian ‘yong ginawa ‘nyo. (You failed to break me. I’m still standing, standing firm. I hope you will realize that what you did to me was a big mistake.)
This was the declaration of a now completely free Leila de Lima, former senator and justice secretary, during an exclusive interview with Rappler immediately after her last acquittal on June 24.
It’s fair warning that she’s out and ready to exact vindication on her own terms.
She was accused of allegedly allowing the illegal drug trade to proliferate inside Bilibid to fund her 2016 senatorial campaign. She was humiliated during a congressional probe in 2016. She faced three drug charges and a disobedience case, and spent her entire Senate term in detention. De Lima almost lost her life after being held hostage while under police custody in 2022.
All these misfortunes fell on De Lima after she criticized arch-enemy Rodrigo Duterte and the former chief executive’s war on drugs that killed close to 30,000 people. She survived seven years of detention and, according to her, she has already forgiven her tormentors. To extend the same to Duterte, however, would require divine intervention.
“I’m not yet ready to do that. I’m still waiting for God’s grace to be able to do that,” De Lima said.
On June 24, Muntinlupa City Regional Trial Court (RTC) Branch 206 handed down De Lima’s acquittal on her third and last drug case. She is now a completely free woman after being granted only provisional liberty in November 2023 when her bail was approved by the same court.
De Lima is firm about going after Duterte and the others who were behind her unjust detention, but only through fair and legal means. Her legal team is “seriously studying and working” on the complaints that will be filed. (READ: De Lima on Duterte: ‘God forgive him and God bless him’)
The dismissal of her cases proved that all complaints and allegations against her were fabricated, De Lima said. While her legal victory gave her justice and vindication, these, to her, are not yet complete.
“I don’t think I can ever feel full vindication unless and until all those responsible for my persecution would be made to answer for all the wrongs that they have inflicted upon my person, my honor, and my liberty,” the opposition icon said. “And until that happens – they are made to account – then I won’t really have full vindication. That, to me, is the meaning of vindication. That, to me, is the meaning of justice. Because I’m a big victim of injustice.”
Asked about her plans after her rocky seven-year legal battle, De Lima said politics was not yet part of the picture.
“Some of them are also encouraging me [to run]. But I said, no, not at the moment. I have no such decision. I have no political plans at the moment,” De Lima said. Her only commitment at present is serving as the spokesperson of the once-ruling Liberal Party.
As cheers and claps filled the court room, Muntinlupa City RTC Branch 206 Presiding Judge Gener Gito announced: “They [De Lima and co-accused] may now enjoy their unmitigated freedom.”
For six years, eight months, and 21 days, home to De Lima was the Philippine National Police custodial center. Besides visitors, only her cats kept her company and sane. Back in November 2023 when she was released and when she faced the public for the first time, she looked frail and reserved. Not so this June.
The amiable and feisty De Lima was in her element. From court, she headed to a small, intimate celebration with her legal team and supporters. The celebration’s highlight was De Lima herself: a free woman raising a glass of champagne while saying, “For true vindication and justice.”
“It’s a day of just and sweet freedom, complete, unmitigated freedom. And so, wow. It’s glorious. It’s a glorious feeling. It’s a liberating moment,” De Lima recalled during the interview,
Just like when he granted De Lima’s bail, Judge Gito said the testimonies of the prosecution witnesses were not enough to establish conspiracy among the accused. More so that they, in fact, committed illegal drug trading. All the nine testimonies of the witnesses were unsufficient to prove De Lima’s guilt.
Prosecutors said they are still contemplating whether or not they would file a motion for reconsideration, but it would be difficult for them to do since appealing an acquittal would amount to double jeopardy, unless they can prove there was a mistrial.
Besides the Muntinlupa City court, Quezon City RTC Branch 76, on Monday, also dismissed a minor disobedience case against De Lima, filed in 2016 by Duterte’s allies in the House, for allegedly coercing a witness to ignore summons issued by the lower house. This case likewise ran for seven years even though a conviction would have amounted to only a maximum six-month sentence.
“[It’s] quite a relief. Because you know, while there are still cases or there’s still one case remaining, it’s like a sword of Damocles hanging over my shoulder. Because you can never tell. You can never tell about developments. You can never tell about really how the court would resolve your case,” De Lima said.
Asked if she was harboring any hard feelings towards the justice system that enabled her prolonged detention, the former senator said: “Talagang may tampo ako. May hinanakit ako sa justice system kasi nga wala na sana itong mga kaso na ito, maski pa lang noong una pa lang.” (I really feel resentment. I have grievances against the justice system because in the first place, these cases should have been dismissed outright.)
The former Commission on Human Rights (CHR)-chairperson-turned-justice secretary recounted her long and hard-fought court battle. She sought the Supreme Court’s (SC) help to nullify her arrest warrant, but she was unsuccessful. Only six magistrates sided with her: Senior Associate Justice Marvic Leonen and Associate Justice Alfredo Benjamin Caguioa, former chief justice Maria Lourdes Sereno, and retired magistrates Senior Associate Justices Antonio Carpio and Estella Perlas Bernabe, and Associate Justice Francis Jardeleza.
Leonen described De Lima’s case as “quintessentially the use of the strong arm of the law to silence dissent,” while Carpio called it “one of the grossest injustices.” When De Lima was released last November, Carpio said the former senator should have been allowed bail earlier.
De Lima’s trial was also stalled by successive inhibitions of judges. Before the case was given to Presiding Judge Gito, at least two judges inhibited: Branch 204 Presiding Judge Abraham Joseph Alcantara, due to the prosecution’s motion, and Branch 256 Presiding Judge Romeo Buenaventura, who was asked by De Lima’s co-accused to inhibit due to conflict of interest.
Seven years of detention was “too much,” according to De Lima, because it cost her the prime years of her life. She also missed family and personal milestones. Her case, she said, was the perfect example of the flaws and shortcomings of the justice system. “If only the justice system did its part,” she lamented.
Resentment aside, De Lima said she did not lose respect for the system. She braved the whole legal process to prove her innocence, even it was painful for her to do so.
Victory is not only for herself, but also for the people she fought for, De Lima said, explaining that she would now be able to focus on helping drug war victims. As CHR chairperson and senator, De Lima probed into the alleged killings under the notorious Davao Death Squad (DDS).
“Now with my victory, I can now have the time and the focus to really work on this matter – whether it’s through the ICC [International Criminal Court] – or whatever else would be the domestic steps that will be taken, if at all there would be such domestic, other domestic initiatives that should be undertaken by local authorities to seek justice for those victims,” De Lima said.
The ICC is now probing into both the DDS and drug war killings and is expected to either issue a warrant or summons to those linked to the alleged crimes. De Lima said she is willing to provide her records and knowledge to any entity that will need her help in investigating Duterte.
Addressing the man who instigated everything, De Lima warned: “In the hope that you would silence me, you were wrong. You were proven wrong. And now, you have to be made to account for your sins, mga kasalanan mo sa akin at kasalanan mo sa taong-bayan, lalo na ‘yong mga nabiktima sa war on drugs (your sins to me and your sins to the people, especially to the victims of your war on drugs).” – Rappler.com