News Roundup 13 June 2023
Jun 13, 2023 • 5 min Read
De Lima files motion for reconsideration on junked bail petition | PHILSTAR.COM – MANILA, Philippines — Former Sen. Leila De Lima has filed a motion for reconsideration before a Muntinlupa court on its decision to deny her bail on the last of her drug cases.
In a filing before Muntinlupa Regional Trial Court Branch 256, De Lima said through counsel that the court had “committed grave but reversible errors” in its June 7 decision to reject her petition for bail.
The court had denied De Lima bail, saying the prosecution had presented strong evidence against her.
De Lima said the court had only considered the testimonies of prosecution witnesses and not the cross-examinations and arguments raised by her defense team.
“It must be emphasized that at this point of the trial, almost a dozen witnesses were already presented by the Prosecution and cross-examined by all the accused,” her lawyers said.
“For this reason, the evidence of the Prosecution in relation to the cross-examination conducted by the accused can no longer be categorized as merely prima facie, the term
itself being literally translated as ‘on its face’, i.e., devoid of any other evidence other than what would be uncontested assertions that remain unrebutted,” De Lima’s motion also read as it cited the court’s use of “prima facie” in its decision to deny bail.
De Lima said the court had relied only on testimony from prosecution witnesses “is unprecedented, unfounded, and almost brazen.”
“At this point of the trial, the Honorable Court is no longer a passive observer, but it already assumes the role of a discerning arbiter of the law and dispenser of justice. As such, in its exercise of judicial discretion in the granting or denial of bail, it should be guided in its appreciation of evidence as it would in arriving at its final judgment,” De Lima also said.
Full Story at: De Lima files motion for reconsideration on junked bail petition | Philstar.com
Co-defendants in De Lima’s last drug case ask judge to inhibit | PHILSTAR.COM – MANILA, Philippines — Leila de Lima’s fellow defendants in the last illegal drugs case against her have asked the judge handling it to recuse as they said he is the brother of a lawyer who helped Ronnie Dayan, the former senator’s aide, execute an affidavit that he has now recanted.
In separate motions before the Muntinlupa Regional Trial Court Branch 256, De Lima’s former aides Dayan and Joenel Sanchez and former Bureau of Corrections director Franklin Jesus Bucayu asked Presiding Judge Romeo Buenaventura to inhibit as he is said to be lawyer of Emmanuel Buenaventura’s brother.
The three said Atty. Buenaventura was a lawyer for former Rep. Reynaldo Umali, who was then the chairperson of the House of Representatives’ justice panel when it was conducting hearings on the alleged drug trade in the New Bilibid Prison that supposedly involved De Lima.
Dayan and Bucayu cited a November 25, 2016 interview on CNN Philippines with Atty. Buenaventura where he admitted that he helped Dayan prepare his affidavit that he later walked back on.
De Lima’s fellow defendants said Judge Buenaventura never disclosed his relationship with Atty. Buenaventura, when Section 1, Rule 137 of the Rules of Court states that no judge can sit in a case where they are related by blood or by law to lawyers up to the fourth degree.
‘Conflict of interest’
They added that Judge Buenaventura’s failure to disclose this is a violation of their constitutional right to due process.
“There is a clear conflict of interest on the part of the Honorable Presiding Judge in trying the instant case,” Dayan said in his motion. “Henceforth, the Honorable Presiding Judge committed gross negligence, if not gross misconduct, in not declaring that fact that he is the brother of Atty. Emmanuel S. Buenaventura.”
Full Story at: Co-defendants in De Lima’s last drug case ask judge to inhibit | Philstar.com
‘Great leader, statesman:’ PNP mourns death of former Senator Biazon | INQUIRER.NET – MANILA, Philippines — The Philippine National Police (PNP) expressed sadness over the death of former senator and former Armed Forces of the Philippines (AFP) chief Rodolfo Biazon, who the police force said contributed to strengthening “the foundations of police and military institutions.”
On June 12, Biazon died at 88 due to pneumonia and lung cancer, according to Muntinlupa City Mayor Ruffy Biazon.
“The men and women in the uniformed services are forever grateful to Senator Biazon for the reforms that he introduced through legislation that continues to strengthen the foundations of the police and military institutions,” PNP said in a statement issued on Tuesday.
“On countless occasions, we were witness to his leadership and courage on the battlefield to protect the freedom that our nation now enjoys,” it added.
Full Story at: ‘Great leader, statesman:’ PNP mourns death of former Senator Biazon | Inquirer News
Taguig mayor seeks sanctions vs Makati’s Abby Binay over territorial dispute statement | INQUIRER.NET – MANILA, Philippines–Taguig City Mayor Lani Cayetano on Tuesday asked the Supreme Court (SC) to order Makati City Mayor Abby Binay to explain why she should not be sanctioned for her statement that the territorial dispute between the two cities is up for a “hearing” despite being declared final in December 2021.
In 2021, the SC ruled that Fort Bonifacio Military Reservation (BMR), where BGC is located, belongs to Taguig and enjoined the City government of Makati to cease exercising jurisdiction over the territory.
The decision attained finality in September 2022, and the case has been enrolled in its entry of judgment.
Under court rules, a decided case’s enrollment in the SC’s Book of Entries of Judgments means the case can no longer be appealed or revised.
In a chance interview with the media recently, Binay said they received an order setting the case for a hearing.
Following Binay’s claim, Cayetano said Taguig’s legal team went to the SC on June 8, 2022, to inquire about an order or document setting the case for hearing.
But Cayetano said lawyer Warren San Jose of Taguig’s Legal Office confirmed with the staff of the SC’s Third Division, which is handling the issue, that no such order or resolution had been issued.
Full Story at: Taguig mayor seeks sanctions vs Makati’s Abby Binay over territorial dispute statement | Inquirer News
