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MAGAZINE
Published February 15,2017
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The Senate has no way to stop the service of the warrant of arrest
against Senator Leila De Lima to be issued by the court in relation to
drug-related complaints emanating from the Department of Justice.
Senate President Pro-Tempore Franklin Drilon said on Monday: "No. That is a legal process, and the general statement that I can make is that we will see to it that the process is followed strictly in accordance with the rule of law."
"Firstly, by tradition, we will oppose service of the warrant of arrest inside the session hall. The sanctity of the session hall must be respected," Drilon said.
Outside the session, he explained, the warrant of arrest can be served.
"Theoretically, it can be served because it is an alleged offense for which the penalty is beyond six years," Drilon elaborated.
The consolidated complaints against De Lima were filed by the National Bureau of Investigation (NBI), crime watchdog group Volunteers Against Crime and Corruption (VACC), former NBI deputy directors Reynaldo Esmeralda and Ruel Lasala and high-profile inmate Jaybee Sebastian in connection to her alleged involvement in illegal drug trade in the New Bilibid Prison when she was still Justice Secretary.
The Senate taking De Lima into custody, Drilon, himself a former justice secretary, will be a matter that is up to the court, "because at that point, theoretically, she is under the custody of the court."
Nonetheless, Drilon pointed out, DOJ's jurisdiction over De Lima's alleged drug cases can be questioned in Court: "That is a legal issue that the court will have to determine when the case is brought before it."
Meanwhile, Senator Panfilo Lacson said that, even if De Lima is arrested, the deliberation on the cases filed against her before the Senate Ethics Committee continues, as the two are entirely separate and different matters.
Senate President Pro-Tempore Franklin Drilon said on Monday: "No. That is a legal process, and the general statement that I can make is that we will see to it that the process is followed strictly in accordance with the rule of law."
"Firstly, by tradition, we will oppose service of the warrant of arrest inside the session hall. The sanctity of the session hall must be respected," Drilon said.
Outside the session, he explained, the warrant of arrest can be served.
"Theoretically, it can be served because it is an alleged offense for which the penalty is beyond six years," Drilon elaborated.
The consolidated complaints against De Lima were filed by the National Bureau of Investigation (NBI), crime watchdog group Volunteers Against Crime and Corruption (VACC), former NBI deputy directors Reynaldo Esmeralda and Ruel Lasala and high-profile inmate Jaybee Sebastian in connection to her alleged involvement in illegal drug trade in the New Bilibid Prison when she was still Justice Secretary.
The Senate taking De Lima into custody, Drilon, himself a former justice secretary, will be a matter that is up to the court, "because at that point, theoretically, she is under the custody of the court."
Nonetheless, Drilon pointed out, DOJ's jurisdiction over De Lima's alleged drug cases can be questioned in Court: "That is a legal issue that the court will have to determine when the case is brought before it."
Meanwhile, Senator Panfilo Lacson said that, even if De Lima is arrested, the deliberation on the cases filed against her before the Senate Ethics Committee continues, as the two are entirely separate and different matters.
The complaints filed against her include indirect bribery, violation
of the Anti-Graft Law and violation of the Dangerous Drugs Act.
For his part, Justice Secretary Vitaliano N. Aguirre II refuted Sen. Leila De Lima's remarks stating that the Department of Justice (DOJ) is speeding up the issuance of a warrant of arrest against her in relation to her alleged involvement in the illegal drugs trade inside the New Bilibid Prison (NBP) in Muntinlupa City.
"The claim of Senator De Lima is totally erroneous. As a lawyer and as a former Secretary of Justice, she should know that the DOJ does not issue warrants of arrest. Consequently, it is totally irresponsible of her to announce that the DOJ is expediting the issuance of such warrants. That is a blatant lie and a total misinformation. Senator De Lima's motivation for saying such is beyond us," Aguirre said in response on the accusations of De Lima.
De Lima made her statement after Aguirre said that the neophyte senator could be arrested "anytime soon."
"Well, I really don't know when an arrest warrant will be issued. But Sec. Aguirre has confirmed that the resolution (for the warrant of arrest) would be released very, very soon. And then he had statements like 'she should better brace herself for an arrest,'" De Lima said.
De Lima, an outspoken critic of President Rodrigo Duterte, said the President himself admitted that he was determined to let her suffer the same fate as former President Gloria Macapagal-Arroyo, who was jailed for plunder charges.
Aguirre said that De Lima's statement implies that the DOJ has control or influence over the courts.
"It is a totally irresponsible statement. It implies that we can control or influence our courts. We do not do that, at least in my time as Secretary of Justice. It might be what was done during her time at the DOJ but definitely it will not be done during my time," he added.
De Lima also said that her legal team is readying charges of subornation of perjury and tampering of witnesses against Aguirre, which she added will be filed 'in a few days' before the Office of the Ombudsman.
Aguirre downplayed De Lima's plan to file charges against him for alleged tampering of witnesses against her as part of the supposed plan of President Duterte to put her in jail.
Aguirre said he is confident the charges will not prosper since de Lima has no evidence to prove it.
"I am innocent of the said charges. I am sure she has no evidence against me," Aguirre said when sought for comment.
At the same time, Aguirre said there is no truth to her claim that the investigation on her supposed links to the illegal drugs trade at the New Bilibid Prison in Muntinlupa City, as well as the presentation of witnesses against the lawmaker before the House inquiry into the narcotics trade, is part of the administration's plan to lock her up in jail.
The DOJ chief said it would be better for De Lima to just face the charges against her.
Earlier, Aguirre acknowledged that they are taking time to come up with a tight case in relation to the drug trafficking complaints filed De Lima.
"There are so many witnesses, numerous accusations, many violations, which requires us to be scrupulous in our process," Aguirre told a press conference.
The panel of prosecutors, headed by Senior Asst. State Prosecutor Peter Ong, has already submitted the case for resolution without the rejoinder from De Lima, who was repeatedly summoned to attend the hearing and submit her counter-affidavit.
For his part, Justice Secretary Vitaliano N. Aguirre II refuted Sen. Leila De Lima's remarks stating that the Department of Justice (DOJ) is speeding up the issuance of a warrant of arrest against her in relation to her alleged involvement in the illegal drugs trade inside the New Bilibid Prison (NBP) in Muntinlupa City.
"The claim of Senator De Lima is totally erroneous. As a lawyer and as a former Secretary of Justice, she should know that the DOJ does not issue warrants of arrest. Consequently, it is totally irresponsible of her to announce that the DOJ is expediting the issuance of such warrants. That is a blatant lie and a total misinformation. Senator De Lima's motivation for saying such is beyond us," Aguirre said in response on the accusations of De Lima.
De Lima made her statement after Aguirre said that the neophyte senator could be arrested "anytime soon."
"Well, I really don't know when an arrest warrant will be issued. But Sec. Aguirre has confirmed that the resolution (for the warrant of arrest) would be released very, very soon. And then he had statements like 'she should better brace herself for an arrest,'" De Lima said.
De Lima, an outspoken critic of President Rodrigo Duterte, said the President himself admitted that he was determined to let her suffer the same fate as former President Gloria Macapagal-Arroyo, who was jailed for plunder charges.
Aguirre said that De Lima's statement implies that the DOJ has control or influence over the courts.
"It is a totally irresponsible statement. It implies that we can control or influence our courts. We do not do that, at least in my time as Secretary of Justice. It might be what was done during her time at the DOJ but definitely it will not be done during my time," he added.
De Lima also said that her legal team is readying charges of subornation of perjury and tampering of witnesses against Aguirre, which she added will be filed 'in a few days' before the Office of the Ombudsman.
Aguirre downplayed De Lima's plan to file charges against him for alleged tampering of witnesses against her as part of the supposed plan of President Duterte to put her in jail.
Aguirre said he is confident the charges will not prosper since de Lima has no evidence to prove it.
"I am innocent of the said charges. I am sure she has no evidence against me," Aguirre said when sought for comment.
At the same time, Aguirre said there is no truth to her claim that the investigation on her supposed links to the illegal drugs trade at the New Bilibid Prison in Muntinlupa City, as well as the presentation of witnesses against the lawmaker before the House inquiry into the narcotics trade, is part of the administration's plan to lock her up in jail.
The DOJ chief said it would be better for De Lima to just face the charges against her.
Earlier, Aguirre acknowledged that they are taking time to come up with a tight case in relation to the drug trafficking complaints filed De Lima.
"There are so many witnesses, numerous accusations, many violations, which requires us to be scrupulous in our process," Aguirre told a press conference.
The panel of prosecutors, headed by Senior Asst. State Prosecutor Peter Ong, has already submitted the case for resolution without the rejoinder from De Lima, who was repeatedly summoned to attend the hearing and submit her counter-affidavit.
If the court issues a warrant for her arrest, De Lima will not be the
first senator to be arrested while serving as a legislator.
In 2014, senators Juan Ponce Enrile, Ramon “Bong” Revilla Jr. and
Jinggoy Estrada were arrested for their alleged involvement in the
misuse of their Priority Development Assistance Fund (PDAF), otherwise
known as the pork barrel scam.
At that time, then Justice secretary De Lima led the filing of cases against the three senators.
De Lima’s Liberal Party mates at the Senate, Senators Drilon, Francis
Pangilinan and Bam Aquino, said it is illegal and unjust to file
charges and issue an arrest warrant against either an ordinary Filipino
or a senator if there is no credible evidence and witness.
“We must be wary of the possibility that criminal cases are being
used as political tool, propaganda and smokescreen or distractions for
the public,” the three LP senators added
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