President Ferdinand Marcos, Jr. is perfectly correct in desisting from meddling with the courts in the cases of former Senator Leila de Lima, but he must be reminded that while the adjudication of criminal cases belongs to the judiciary, the prosecution of such cases is an executive function under his control and supervision pursuant to the Constitution.

It is not intruding into the domain of the courts when the President would order prosecutors to move for the dismissal of criminal cases where inculpatory evidence is lacking like in the two remaining cases of De Lima where major prosecution witnesses have recanted, or order prosecutors to withdraw opposition to De Lima’s petition for bail because the evidence of guilt is not strong against her. 

Moreover, De Lima is not a flight risk just like former Sen. Juan Ponce Enrile who was granted bail by the Supreme Court while facing plunder cases since his appearance in trials is assured and he would not evade the court’s jurisdiction because of his public record, age, and frailty of health.  

The ruling of the High Court on Enrile was based not so much on the quantum of evidence against him or the enormity of the punishment for his criminal offense but principally because he was not a flight risk. 

Enrile was granted bail while in hospital custody, while De Lima has been incarcerated under solitary confinement for more than five years on fabricated drug charges.

EDCEL C. LAGMAN