SC stands by junking of De Lima's bid to nullify her arrest

Senator Leila de Lima will stay in detention after the Supreme Court (SC) confirmed earlier reports that it had affirmed its October 2017 decision maintaining the legality of her arrest over drug-related charges.

A notice of resolution sent to the media on Wednesday said the high tribunal denied "with finality" De Lima's motion for reconsideration on April 17, when the SC held session in Baguio City.

The notice said the appeal was denied "as the basic issues raised therein have been passed upon by this Court and no substantial arguments were presented to warrant the reversal of the questioned decision."

"No further pleadings or motions will be entertained," it added.

In October, the SC, voting 9-6, dismissed for lack of merit the Duterte critic's petition questioning the issuance of a warrant of arrest by Judge Juanita Guerrero of the Muntinlupa City Regional Trial Court Branch 204.

De Lima soon after asked the Court to reverse its October ruling, citing as a "mandatory ground" for her release the failure of majority of justices to agree on the nature of the accusation against her.

In her earlier petition, De Lima alleged Guerrero committed grave abuse of discretion when the latter ordered her arrest in February last year without first resolving her motion to quash the criminal information against her.

More, she said the drug cases against her should have been referred to the Office of the Ombudsman.

But the Court ruled in October that the regional trial court has jurisdiction over criminal information alleging violations of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002.

“It also noted that the exclusive original jurisdiction of the RTC over violations of Republic Act 9165 [Comprehensive Dangerous Drugs Act of 2002] is not transferred to the Sandiganbayan whenever the accused occupies a position classified as Grade 27 or higher, regardless of whether the violation is alleged to have been committed in relation to the office being occupied,” the SC Public Information Office said last year.

“The Sandiganbayan’s jurisdiction is limited to violations of the anti-graft laws and do not extend to violations of the drugs law."

In his dissenting opinion on the SC's denial of De Lima's appeal, SC Associate Justice Alfredo Benjamin Caguioa said the absence of a "clear majority" on the nature of charges against the lawmaker "reinforces its tenuousness and tentativeness."

"The inescapable conclusion is that the constitutional right of petitioner De Lima to be informed of the nature and cause of the accusation against her has been wantonly violated, and continues to be violated," he said.

De Lima faces charges for her alleged complicity in the trading of illegal drugs at the New Bilibid Prison in exchange for campaign funds in her senatorial bid last year. —NB, GMA News