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De Lima asks SC to reconsider ruling upholding her arrest


Senator Leila De Lima asked the Supreme Court (SC) on Friday to reverse its decision affirming her arrest for one of her three drug-related charges stemming from the proliferation of narcotics business inside the New Bilibid Prison during her term as Justice secretary.

In a motion for reconsideration, De Lima said the failure of majority of justices to agree on the nature of the accusation against her was a “mandatory ground” for her release.

She said five magistrates— Presbitero Velasco Jr., Lucas Bersamin, Samuel Martires, Andres Reyes, and Alexander Gesmundo—agreed that she should continue to be held in detention for illegal drug trading.

Three others—Teresita Leonardo De Castro, Noel Tijam and Diosdado Peralta—believed the crime alleged was conspiracy to commit illegal drug trading, which De Lima said was “an entirely different offense  as everyone who has taken up basic criminal law will certainly know.”

De Lima said Associate Justice Mariano Del Castillo was confused as to whether the information charged is illegal drug trading or conspiracy to commit illegal drug trading, noting he “changed his mind from one to the other in a matter of four paragraphs.”

For De Lima, the absence of a majority on the nature of the charges against her is the “clearest possible indicator” that the accusation against her is fake. 

“If the members of the majority could not even agree on the nature of the accusation reflected in the Information, such fact is an objective indicator that respondent judge could not possibly have had probable cause to issue the warrant of arrest against petitioner (De Lima),” the motion read.

“If the members of the Honorable Court diverge on the meaning of the accusation, then we all can agree that Petitioner’s constitutional right to know the nature and cause of the accusation against her has been violated.”

Voting 9 to 6, the high court on October 10 junked De Lima’s plea to nullify the arrest order issued by Judge Juanita Guerrero of the Muntinlupa City Regional Trial Court Branch 204 on February 23 for the case of illegal drug trading.

The SC dismissed De Lima’s argument that the Sandiganbayan, not the criminal courts, had the right to try and resolve her case.

The high court hit De Lima’s assertion that she should have been charged with direct bribery, a case cognizable by the Sandiganbayan, noting the allegations against her are sufficient to characterize the offense as a violation of the Comprehensive Dangerous Drugs Act (Republic Act 9165).

De Lima’s petition was also premature and had violated the rule on hierarchy of courts and the prohibition against forum shopping, according to the Court.

In her appeal, the senator insisted that the Sandiganbayan has jurisdiction over her case and Judge Guerrero committed grave abuse of discretion in issuing the arrest warrant.

She also renewed her call for Velasco to inhibit from the deliberations on the petition.

The lawmaker said the continued failure of Velasco, whom she accused of initially favoring the acquittal of convicted drug lord German Agojo, to inhibit violates her right to due process.

De Lima alleged that Velasco, the writer of decision, had ignored previous SC rulings that the essential elements that have to be established for the crime of sale of illegal drugs include the identity of the buyer and seller, object of the sale and consideration, and delivery of illegal drugs sold and payment.

The senator, a staunch critic of the Duterte administration, is said to have conspired with high-profile inmates to sell or trade illegal drugs inside the national penitentiary during her term as Justice secretary in exchange for millions of pesos supposedly for her senatorial campaign — an allegation she has strongly denied.

De Lima is currently detained at the Philippine National Police Custodial Center in Camp Crame, Quezon City.

She is also facing separate drug trading cases at the Muntinlupa RTC branches 205 and 206. —NB, GMA News

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