MAGAZINE
Published February 18,2017
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With drug charges filed against her in a regular court - an "illegal" act as described by the Liberal Party - Sen. Leila de Lima braced for arrest and said she is prepared "to be the first political prisoner under this regime" for her opposition to extra-judicial killings under the Duterte administration.
"I have long prepared myself to be the first political prisoner under this regime, because the criminal charges and prosecution are nothing less than a politically motivated act by the Duterte regime to clamp down on any vocal opposition against its support for a policy of EJK in dealing with suspected criminals," said de Lima, former Justice secretary and Commission on Human Rights chair, in a statement.
She had been preparing the past week for what she and the LP, her party, fear would be her imminent arrest, given what they see as the determination of the Department of Justice to put her behind bars for a nonbailable offense.
In a statement at the weekend, the LP stressed that only the Sandiganbayan, not a regional trial court, has jurisdiction over de Lima's case, and warned the DOJ against its "illegal" moves.
"The Liberal Party condemns the patently illegal filing of criminal cases against Sen. Leila De Lima before the Regional Trial Court.
"The Sandiganbayan, not the RTC, has jurisdiction over the case as the alleged wrongdoings were supposedly committed when she was Justice Secretary.
"This filing before the RTC is clearly an attempt to undermine our court processes. It is an underhanded maneuver meant to go after critics, regardless of legal bases or processes. This purely political vendetta has no place in justice system that upholds the rule of law. This is condemnable," said the party.
Charges filed with RTC
On Friday, the DOJ filed criminal charges against de Lima at the Muntinlupa RTC for violation of Section 5 in relation to Section 26 (B) and Section 28 (criminal liability of government officials and employees) of Republic Act 9165, the Comprehensive Dangerous Drugs Act of 2002. The DOJ alleged that she benefited from tolerating the proliferation of the drug trade at the New Bilibid Prison in Muntinlupa.
This, hours after the Court of Appeals declined to issue the temporary restraining order that de Lima had sought to stop DOJ from proceeding with its investigation. Nonetheless, the CA did not dismiss de Lima's petition for certiorari and gave DOJ 10 days to comment on it.
In her statement, de Lima said, "if the loss of my freedom is the price I have to pay for standing up against the butchery of the Duterte regime, then it is a price I am willing to pay. But they are mistaken if they think my fight ends here. It has only begun."
De Lima, a single mother whose first marriage was annulled, earlier admitted - as hearings were called by the President's allies in the House of Representatives featuring testimony from convicts - she indeed had a years-long affair with her then driver/bodguard at the DOJ, Ronnie Dayan, but strongly denied allegations she had used him to raise funds from the high-profile inmates for her campaign for a Senate seat.
LP: clear violation of legal proceedings, Constitution
For its part, LP warned - on the widely expected arrest of de Lima - that "an arrest based on trumped-up charges is illegal."
If a warrant of arrest is served," it would be a clear violation of legal proceedings and is therefore a violation of her Constitutional right to due process."
It appealed "for total impartiality in the dispensation of justice. Senator De Lima has been pre-judged before any of the charges were filed as no less than the President vowed to destroy her in public and was sure De Lima would land in jail before any case was filed. Secretary Aguirre, being the alter ego of the President, should inhibit in any and all cases filed against Senator De Lima."
The LP held the view that "the Ombudsman has primary jurisdiction over cases against public officers cognizable by the Sandiganbayan. Violation of the Dangerous Drugs Act, which is the DOJ's case against Sen. De Lima, falls under "other offenses committed by public officials" listed in the Sandiganbayan Law."
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| Sen.Leila De Lima/file photo |
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