Ex-DOJ chief shows video of Ragos ‘voluntarily’ executing affidavit

MANILA — Former Justice Secretary Vitaliano Aguirre II on Thursday pushed back against the retraction of former Bureau of Corrections OIC Rafael Ragos, warning the latter he could face charges and be jailed for taking back his claims against detained former Senator Leila de Lima.

Ragos had claimed that he delivered drug money to De Lima’s house in Parañaque in 2012, supposedly to fund her campaign kitty.

But he recanted his allegation in an affidavit he executed in April, which he affirmed before a Muntinlupa court last week.

• Another witness retracts drug accusations vs De Lima
• Aguirre denies coercing Ragos to testify vs De Lima

Calling Ragos a liar, Aguirre showed up at the Department of Justice and denied forcing him to execute any affidavit.

He presented a video recording of Ragos supposedly freely and spontaneously narrating to a lawyer from the Public Attorney's Office his allegations against De Lima.

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“Makikita n'yo doon na walang namimilit sa kanya. Siya ang tuloy-tuloy na nagsasalita. Siya ang nagbigay ng lahat ng mga contents ng kanyang supplemental affidavit at tumatawa pa siya, walang namimilit,” he said.

(You will see there that no one coerced him. He just spoke continuously. He himself gave all contents to his supplemental affidavit and he even laughed, no one forced him.)

“Actually hindi ko alam…doon pala kinuha 'yan sa PAO office at di ko rin alam na meron pa lang video,” he added.

(Actually I did not know. I was surprised the video was sourced from PAO office and I was not aware of the existence of such a video.)

The video was taken during the execution of Ragos’ supplemental affidavit on September 26, 2016, and was shown to him by PAO chief Persida Acosta.

A portion of the video showed Ragos describing how De Lima’s former aide and co-accused, Ronnie Dayan, was supposedly running the show in Bilibid.

“Makikita naman ninyo na contrary doon sa kanyang accusation against me na siya ay pinilit or kino-erce ko. Wala ka naman makikita na kino-coerce siya doon. Very voluntary ang kanyang pagbibigay ng statement,” Aguirre said of Ragos.

(You'll all see that it was contrary to his accusation against me that I coerced him. You wouldn't see any sign that I coerced him. He was very voluntary in giving his statement.)

The former Justice chief pointed out that even after he stepped down as DOJ secretary in 2018, Ragos voluntarily testified in court 4 times, from June to July 2019, where he stood by his earlier statements.

AGUIRRE WARNS RAGOS COULD BE JAILED, PROSECUTED

Aguirre warned Ragos might still be re-impleaded as an accused in the conspiracy to commit illegal drug trading case that De Lima is facing.

Drug cases, according to Aguirre, are automatically reviewed by the Justice secretary, based on a department order he issued during his time at the DOJ, and no DOJ secretary has so far approved Ragos’ discharge as an accused.

“You must remember na itong si Ragos was a co-accused of Secretary De Lima, Dayan. Tsaka siya. Silang tatlo. [He was] recommended dismissed by the prosecutors para gamitin siyang testigo but hindi naman siya nagpakatotoo. As a matter of fact, nag-retract siya. Kaya pwedeng baliktarin 'yung dismissal sa kanya,” he said.

"You must remember na itong si Ragos was a co-accused of Secretary De Lima, Dayan. Including him. Three of them. He was recommended dismissed by the prosecutors to use him as a witness but he failed to be authentic. As a matter of fact, he retracted. So now the court can overturn his dismissal.)

“Pag inalis 'yung dismissal sa kanya, he will be charged yung katulad nung charges ni De Lima at ni Dayan ngayon and that would be a non-bailable offense,” he explained.

(If his dismissal is removed, he will face the same charge against De Lima and Dayan and that would be a non-bailable offense.)

Aguirre said he raised this issue with Justice Secretary Jesus Crispin Remulla who happened to arrive at the DOJ while Aguirre was granting a media interview. Remulla invited Aguirre to his office.

The former Justice chief warned that aside from drug cases, Ragos could also face perjury or false testimony charges in taking back his claim.

False testimony carries a jail time of between 1 month to 20 years, depending on the outcome of a criminal case, while imprisonment for perjury could result in up to 2 years and 4 months in jail.

NON-MEETING WITH PROSECUTOR GENERAL

Justice beat reporters were initially told Aguirre will meet with Prosecutor General Benedicto Malcontento but Aguirre denied such a meeting.

He clarified he only called Benedicto so guards can allow him to enter the DOJ.

His vehicle was initially barred from entering the compound.

Aguirre said his main purpose in going to the DOJ was to speak to the media.

But why go to the media and the DOJ and not to court?

“Bakit hindi sa korte? E hindi naman ako pinapatawag sa korte. Pangalawa, ito ay pagkakataon na pagpresenta ng witnesses ng depensa kaya hindi ako maaaring magtestigo doon ngayon, unless na ipatawag nila ako,” he said.

(Why not in court? Well, I was not summoned by the court. Second, this is an opportunity to present witnesses of the defense that's why I cannot testify there now, unless they will request my presence.)

Aguirre said he is willing to testify to clear his name.

Sought for comment, De Lima’s lawyers said they will defer commenting on Aguirre’s remarks until Ragos finishes his testimony.

Ragos is expected to be back at the Muntinlupa regional trial court on Friday morning, where he will be subjected to cross-examination by the prosecutors and additional questioning by the defense.

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