FORMER senator and justice chief Leila de Lima, a fierce critic of former President Rodrigo Duterte, walked free on Monday afternoon, November 13, 2023, albeit temporarily, after a local court granted her request for bail.
Several groups and supporters in the country and abroad were ecstatic about De Lima’s release, commending the court’s decision for the 64-year-old human rights defender as “welcome news.”
“De Lima has spent more than six years in police detention on politically motivated charges. She never should have been unjustly prosecuted and detained by former President Rodrigo Duterte, whose administration concocted evidence and used the machinery of an abusive state to punish her for performing her duties as a senator and speaking out against the ‘war on drugs,’” said Bryony Lau, deputy Asia director of Human Rights Watch (HRW).
“De Lima’s struggle has inspired a generation of human rights defenders in the Philippines and beyond. We wish her well,” Lau said in a statement.
De Lima turned emotional when Muntinlupa Regional Trial Court Branch 206 Judge Gener Gito released the decision. She and other co-accused were allowed to post bail amounting to P300,000 each.
Judge Gito reversed Judge Romeo Buenaventura’s previous denial of De Lima’s bail petition in the last drug case against her.
"Before and after! Free at last! Free at last!," wrote Law professor Tony La Viña, one of the lawyers of the detained senator.
As de Lima’s camp celebrated the court's decision, the Movement Against Disinformation (MAD) expressed “sincere gratitude and relief for the recent granting of bail to former Senator Leila De Lima, a decision reached after the Judge determined that the evidence against her is not strong.”
“This long-awaited decision not only reaffirms our confidence in the legal system but also underscores the fundamental principles of fairness, equity, and the Rule of Law,” MAD said.
“It is crucial to note that Senator De Lima has endured seven years of detention, and those responsible for this injustice must be held accountable,” it added.
In a statement, the group maintained that “this significant moment serves as a powerful reminder of our unwavering commitment to combating disinformation and upholding the democratic values that define our society.”
“Looking ahead, we eagerly anticipate the complete resolution of all remaining cases against Senator De Lima, fervently hoping for her full exoneration. We remain steadfast in our call for the release of Senator Leila De Lima and all political prisoners,” MAD added.
The Magdalo group also welcomed the release of the Liberal Party senator.
“This is the biggest step in her quest for justice and redemption. The whole world will now know how Duterte misused and abused power to persecute those who dared stand up to his murderous regime,” said Antonio Trillanes IV, the Magdalo chairman.
Staunch Duterte critic
De Lima has been a staunch critic of Duterte even before the latter was elected president in 2016.
In 2009, De Lima, then the chairwoman of the Philippine Commission on Human Rights, launched a high-profile investigation into the alleged “state-inspired” extrajudicial murders infamously called “Davao Death Squad” in Davao City, where Duterte was still its mayor.
The Duterte administration vehemently and repeatedly denied the alleged existence of police death squads and vigilantes who allegedly preyed on petty criminals, drug dealers, and street children in Davao.
When Duterte became president in 2016, De Lima also became a senator, who also continued her series of Senate inquiries over allegations of extra-judicial killings involving police and hired killers under Duterte’s so-called “war on drugs” policy, where he promised to accomplish “in three to six months.”
“If I make it to the Presidential Palace I will do just what I did as mayor. You drug pushers, holdup men, and do-nothings, you better get out because I'll kill you,” Duterte told a frenzied crowd on the eve of May 9, 2016, election victory.
In 2021, Human rights lawyer turned presidential spokesperson Harry Roque categorically denied any linkage of Duterte to the vigilante killings in Davao.
“I investigated the Davao Death Squads. I concluded, that while the Davao Death Squad does exist, there was no evidence linking the President to that Davao Death Squad. And that’s the matter on record,” Roque earlier told a national cable TV channel ANC.
Duterte became Davao’s mayor from 1988 to 1998, 2001 to 2010, and 2013 to 2016.
In December 2017, Reuters published a special report, citing the Davao-based group, the Coalition Against Summary Execution, that said: "Death squads in the city killed 1,424 people, mostly petty criminals and drug users, between 1998 and 2015.”
In a previous statement, the Geneva-based HRW said that “since taking office on June 30, 2016, Philippine President Rodrigo Duterte has carried out a ‘war on drugs’ that has led to the deaths of over 12,000 Filipinos to date, mostly urban poor.”
“At least 2,555 of the killings have been attributed to the Philippine National Police. Duterte and other senior officials have instigated and incited the killings in a campaign that could amount to crimes against humanity,” it said.
“Human Rights Watch research has found that police are falsifying evidence to justify the unlawful killings. Despite growing calls for an investigation, Duterte has vowed to continue the campaign,” HRW added.
Before Duterte’s presidential term ends on June 30, 2022, he reportedly said that he will “never apologize” for the deaths involved in the illegal drug trades.
“Pero ‘yan ang sabi ko, I will never, never apologize for the death of those bastards. Patayin mo ako, kulungin mo ako…,” Duterte said in a nationwide televised address on January 4, 2022.
International call
The United States government urged the Philippines “to resolve the remaining case against her in a manner that is consistent with its international human rights obligations and commitments.
US Senator Edward Markey and Senate Majority Whip Dick Durbin expressed elation over De Lima’s temporary release, saying it was "long overdue."
They also called on the Philippine government to drop any remaining "bogus" cases against her.
“Her eloquent words upon release about defending democracy and truth and not succumbing to hate amid repression are an inspiration to all of us. We look forward to hosting her soon for a visit to the United States Senate,” the US senators added.
Since her arrest in 2017, the two American lawmakers have repeatedly called for her release and for the false charges against her to be dropped.
“The court’s granting of Leila de Lima’s bail application is indeed a welcome development. Allowing her temporary liberty should be a step toward justice for Leila, beginning with the dismissal of this last charge against her,” added Amnesty International Philippines section director Butch Olano.
Meanwhile, the Embassy of Canada in the Philippines said they “will continue to follow her situation closely, with the expectation of rapid resolution of proceedings in the case against her.”
“Canada expects her case will be concluded in full conformity with the laws of the Philippines, and in line with the Philippines’ international human rights obligations,” the embassy said.
‘Complete the cycle of justice’
As De Lima was released from detention, the progressive Akbayan Party demanded a “complete cycle of justice.”
"Today, justice prevails, but the pursuit of truth, justice and accountability continues. Senator De Lima will soon be free, but the battle is far from over. The individual most accountable for this grave injustice must be held responsible. Duterte and his minions must face the consequences of their actions. We must complete the circle of justice and jail Duterte," Akbayan president Rafael David said.
To cement their call for justice, Akbayan called on incumbent president Ferdinand Marcos Jr. “to recognize the jurisdiction of the International Criminal Court (ICC) which is expected to issue arrest warrants against the former president and his cohorts for their bloody war on drugs that killed thousands.”
The progressive political party also called for the creation of an "EJK (Extra Judicial Killing) Truth Commission to uncover, recognize and document the killings committed under Duterte's bloody drug war, and bring to justice those responsible.”
Former lawmaker Walden Bello, who is a member of the Free Leila Movement, looked at De Lima’s imprisonment as “the most spectacular frame-up in the history of the Philippine judicial system.”
“It was the act of a criminal president who had sworn to take revenge for her daring to investigate the extra-judicial executions that took place in Davao when he was mayor of that city and throughout the country when he assumed the presidency in 2016,” said Bello, a recipient of the Most Distinguished Defender of Human Rights Award from Amnesty International Philippines.
“I join the whole country in celebrating the vindication of Senator Leila de Lima and demanding the legal and moral rectification of the outrage perpetrated against her by bringing Rodrigo Duterte, along with his minions, to justice for orchestrating a travesty of truth, morality, and due process,” Bello said in a statement.
“I also join the now universal clamor to send Duterte to the International Criminal Court in the Hague to stand trial for masterminding the extra-judicial execution of thousands of Filipinos,” he added.
In her message to Duterte shortly after her release on Monday, De Lima said: “God forgive him, and God bless him. He knows what he did to me.”