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Aguirre to Carpio: Gov’t did not fabricate charges vs. De Lima


Justice Secretary Vitaliano Aguirre II on Tuesday took exception to the claim of Supreme Court Senior Associate Justice Antonio Carpio that the illegal drug trading cases filed by the government against detained Senator Leila de Lima were fabricated.

“That’s his opinion. Siyempre may kanya-kanyang opinion ‘yan but I don’t believe so. Kailanman ay hindi naging fake ang kasong ‘yan. Otherwise we should’t have prosecuted it,” Aguirre told reporters.

Aguirre said Carpio only presented a minority view of the case.

“We'd rather go with the majority,” the Justice chief said.

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.

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

Carpio, in his dissenting opinion, argued that the information filed against De Lima did not correspond to the crimes of illegal drug sale and trade.

He said the case against De Lima was defective and that it failed to allege any element of the crime.

"The accusation of illegal trade of drugs against petitioner [De Lima] is blatantly a pure invention," Carpio said. "This Court, the last bulwark of democracy and liberty in the land, should never countenance such a fake charge.”

The SC released to the public last Friday copies of the decision and justices’ opinions with De Lima given 15 days from receipt of notice to appeal the ruling.

With this, Aguirre said the decision must attain finality before the trial at the Muntinlupa RTC Branch 204 could proceed.

In this case, De Lima is said to have conspired with high profile inmates to sell or trade illegal drugs inside the New Bilibid Prison during her term as justice secretary in exchange for at least P10 million supposedly for her senatorial campaign last year.

She has strongly denied the allegations which she attributed to her continued attacks on the Duterte's administration heavy handed approach to curbing illegal drugs that has claimed thousands of lives through police operations and vigilante killings.

De Lima’s co-accused in the case for violations of Section 5 (sale and trading of dangerous drugs) in relation to Sections 3(jj), 26(b) and 28 of the Comprehensive Dangerous Drugs Act (Republic Act 9165) are her former driver-bodyguard and lover Ronnie Dayan and former Bureau of Corrections officer-in-charge Rafael Ragos.

Aguirre said he heard government prosecutors may amend the information filed against De Lima to make it conspiracy to commit illegal drug trade, an offense punishable under Section 26(b) in relation to Section 5 of RA 9165.  

"I don't know kung itutuloy nila 'yun. It's actually the call of the National Prosecution Service," he said.

Under Section 14, Rule 110 of the Rules of Court, an information may be amended at any time even without the trial court's permission before the accused enters his or her plea.

De Lima is also facing separate drug trading cases at the Muntinlupa RTC branches 205 and 206.  At present, De Lima is detained at the PNP Custodial Center in Camp Crame. — RSJ, GMA News

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