Muntinlupa RTC orders arrest of De Lima, two others

A Muntinlupa City judge on Thursday ordered the arrest of Senator Leila De Lima for one of the three drug trafficking cases filed by the Department of Justice in relation to her alleged participation in the proliferation of illegal drugs inside the New Bilibid Prison.

Judge Juanita Guerrero of the Muntinlupa City Regional Trial Court Branch 204 issued the arrest warrants for De Lima and her co-accused, former Bureau of Corrections officer-in-charge Rafael Ragos and her former driver-bodyguard Ronnie Dayan.

Cases for violation of the Comprehensive Dangerous Drugs Act or Republic Act 9165 are non-bailable.

Justice Secretary Vitaliano Aguirre II welcomed the development, saying in a television interview that the arrest order was "expected because we filed a strong case."

Citing Ragos' affidavit, the DOJ alleged that De Lima received around P10 million from drug payoffs from November 2012 to January 2013. Ragos said he delivered, along with aide Jovencio Ablen Jr., the money to De Lima's house in Parañaque City.

"In December 2012, he (Ragos) received a call to deliver a plastic bag containing money from (convict) Peter Co to Dayan. The bag was left on his bedside at the BuCor quarters. He and Ablen went to the house of De Lima, where he handed the bag to Dayan," the DOJ said in a joint resolution.

"On four occasions in January 2013, he received P1.7 million from Ablen broken down as follows: P1 million, P300,000 and two P200,000, all of which came from inmates. He delivered the money to Dayan at De Lima's house," it added.

Pending motion

De Lima's lawyer Alex Padilla noted that her camp still has a pending motion to the Muntinlupa RTC to dismiss De Lima's charges, insisting the court should have decided on their motion first before issuing an arrest warrant.

"Alam niyo ang nakakatawa dito ay tinutuloy pa rin yung hearing bukas ng aming motion to quash. Supposedly dapat magrurule pa ang korte dun bago mag-issue ng warrant e ito nag-issue na ng warrant," Padilla said in an interview on Balita Pilipinas.

Padilla added even the prosecutor asked for a postponement of the hearing until Friday next week.

"Ang prosecutor humingi ng isang linggo postponement hanggang next Friday. Kaya hindi ko maisip kung bakit nag-issue ng warrant kaagad 'yung husgado na parang meron nang probable cause kahit hindi pa niya nakikita yung mga ebidensya," he said.

Padilla said the court is seemingly rushing the case of De Lima, saying it issued a warrant without hearing the arguments of both parties.

"Hindi pa nadidinig, wala pang arguments, meron pang first hearing, tapos inunahan na niya," Padilla said.

"Nagkaroon siya ng desisyon nang hindi pinapakinggan yung mga partido. Nagmamadali na hindi naman dapat imadali itong kaso na ito," he added.

Padilla said they are considering filing either a motion for reconsideration or raising the case to the Supreme Court.

"Iba na rin ang naiisip namin na siguro paguusapan namin kung dapat na kaming umakyat sa Korte Suprema o humingi ng motion for reconsideration sa husgado mismo," he said.

"Kaya kung ako ang itatanong gusto ko sanang iangat yan sa Korte Suprema para makita kung naging bias itong judge na to pero siyempre paguusapan namin at baka naman pwede bukas ay maisalba," Padilla added.

Other cases

De Lima is also facing separate cases for violations of the Comprehensive Dangerous Drugs Act at the Muntinlupa City RTC Branches 205 and 206.

The cases hinge on the testimony of several detainees at the national penitentiary that the lawmaker accepted money from drug syndicates for her senatorial campaign and facilitated a drug-trading operation while she was justice secretary.

The embattled senator has dismissed the cases as politically motivated which she said was a result of being openly critical of President Rodrigo Duterte’s war on drugs, which has claimed more than 7,000 lives since he took power in June last year.

She also said only the Office of the Ombudsman has jurisdiction over the cases since she is an elected official.

De Lima had also asked the courts to defer the issuance of arrest warrants pending resolution on her motions to dismiss the cases for lack of jurisdiction and merit. —NB/JST, GMA News