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MANILA – The Department of Justice on Friday said it is reviewing narcotics charges against detained Senator Leila de Lima after several witnesses withdrew their testimonies against her.

Justice Secretary Menardo Guevarra said the recantations must be made in court.

“Yang mga ebidensya sa mga kaso ay lagi naman yang nire-review periodically ng Department of Justice depende kung ano ang nangyayari sa proseso ng trial nung kaso sa mga korte. Kaya yung sa kaso ni Senator De Lima ganoon din ang ginagawa namin (maski) may retraction or pagbawi ng mga statements or not,” he told TeleRadyo.

(The DOJ always reviews the evidence presented in a case. We are doing the same with De Lima's, recantations or otherwise.)

“Kaya lamang, siyempre yung mga retractions na yan kailangan i-present yan sa court. Hindi naman sa media dapat pine-present lamang yan,” he added.

(But of course, retractions have to be presented in court, not before the media.)

Guevarra said recanting witnesses must be cross-examined in court.

“Kasi sa ngayon, hindi naman natin masasabi kung alin ang totoo, at alin ba ang totoo--yun bang unang sinabi, o yung pagbawi? Kaya ‘yon ay dapat na idaan sa masusing examination,” he explained.

“Ang Department of Justice naman ay nakahanda na tanggapin kung ano ang talagang lilitaw na katotohanan.”

(For now, we can't say which is the truth--the original testimony, or the recantation? This must be closely examined. The DOJ will accept the truth that comes out.)

In April, self-confessed drug lord Kerwin Espinosa took back all his allegations against De Lima during a 2016 Senate hearing that he gave a total of P8 million in drug payoffs to De Lima when the latter was Justice Secretary, through her former driver, Ronnie Dayan.

• 'Not true': Kerwin Espinosa recants all allegations vs De Lima, says lawyer

A few days later, former Bureau of Corrections OIC Rafael Ragos also recanted his testimony in court that he personally delivered P10 million of alleged drug money to Dayan at De Lima’s house in Parañaque.

• Another witness retracts drug accusations vs De Lima

In mid-May, Dayan testified in his defense that no delivery of drug money to De Lima’s house ever happened.

He also recanted his earlier testimony before the House of Representatives that he supposedly received drug money from Espinosa.

• After Ragos’ retraction, Dayan testifies: No drug money delivered to De Lima

On Monday, prosecution witness Joel Capones said in open court that he does not know and did not have any transactions with De Lima.

• One more witness denies knowing, transacting with De Lima

On Wednesday, Marcelo Adorco, a key government witness against Espinosa, took back his allegations against the self-confessed drug lord, including a claim against De Lima.

• Witness takes back claims vs Kerwin Espinosa, Sen. De Lima

A former justice secretary and human rights commissioner, De Lima has been detained since 2017 over her alleged involvement in drug syndicates, which she called “political persecution" by President Duterte.

One of the 3 drug cases against her was dismissed in February last year.

• Muntinlupa court junks 1 of 3 drug cases vs De Lima

On drug war

Meanwhile, Guevarra said the department continues to investigate the killings in President Rodrigo Duterte’s war on drugs.

He said they are still probing the 52 cases turned over to them by the Philippine National Police.

• Multiple gunshot wounds in slain drug suspects, absence of reports dominate DOJ drug war review

“Maraming police officers ang involved dyan sa 52 cases na yan ‘no, mahigit 400 police officers. Yun ang inuuna namin, at yun ay inendorse namin sa National Bureau of Investigation (NBI) para mag-case buildup.”

"At ang NBI ay matagal nang nasimulan yang case buildup na ‘yan, at meron nang at least 5 cases na isinampa sila sa Department of Justice for preliminary investigation,” he said.

(Many police officers are involved in the 52 cases, there are about 400 of them. We prioritized those and sent them to the NBI for case buildup. They have started that, and they have filed at least 5 cases with the DOJ for preliminary investigation.)

Guevarra explained that they are probing these cases because the policemen themselves saw lapses in these anti-drugs operations.

“Ang vast majority ng mga cases na ito, mahigit 6,000 kaso na may napatay sa police operations ay wala namang irregularity o wala namang nakitang lapses on the part of law enforcement agents. Kaya ang una nilang tinurnover sa DOJ for further investigation ay yung several cases, more than 50 cases na ang PNP mismo ay may nakita na pagkukulang on the part of their law enforcement agents,” he said.

(The vast majority of the 6,000 have no irregularity, there were no lapses on the part of law enforcement agents. That's why they turned over the more than 50 cases to the DOJ--they saw lapses there.)

The International Criminal Court in September greenlit a probe on Duterte’s war on drugs, but suspended it in November on the Philippine government’s request.

--TeleRadyo, 3 June 2022