Jaybee Sebastian fails to file raps vs. De Lima

The filing of criminal charges against Sen. Leila de Lima by convicted kidnapper Jaybee Sebastian did not push through Wednesday after his representative failed to personally lodge the complaint.

Sebastian's lawyer, Eduardo Arriba, said under Office of the Ombudsman rules, a representative of the complainant must be physically present in the filing so an oath can be administered to him or her before the complaint is officially filed.

Sebastian's representative was his wife Roxanne.

Arriba said he will return with Roxanne on Thursday to formally lodge the complaint, which charges De Lima with torture, graft and administrative violations over Sebastian's detention at the New Bilibid Prison (NBP) Building 14.

Complaint

Aside from De Lima, Sebastian also named former Bureau of Corrections director Rainier Cruz and NBP Supt. Richard Schwarzkopf Jr. as respondents in the case.

In his draft complaint, Sebastian said his life would not have been put in danger had De Lima, Cruz and Schwarzkopf barred his transfer to Building 14.

"Had the respondents... acted favorably on Mr. Sebastian's request to maintain/ retain him at the Maximum Security Compound, he would not have been exposed to threats and dangers to his life," the complaint read.

Sebastian cited as proof of threat to his life the Sept. 28 stabbing incident which left Tony Co, a convicted drug lord, dead. Sebastian, meanwhile, sustained multiple stab wounds.

"The 'cold blooded' murder of Jaybee Sebastian, albeit frustrated, is a mute and eloquent proof there exists a serious and imminent threat and danger to his life, an evident premeditation to kill him…," the complaint read.

Sebastian claimed he was "forcibly transferred" from the NBP’s Maximum Security Compound to Building 14 last year even though he had exhibited good behavior from the time he started his jail sentence in April 2009.

He accused De Lima, who was then justice secretary, Cruz and Schwarzkopf of ignoring his request not to be transferred to Building 14 despite letters from his lawyers arguing that doing so would be tantamount to "feeding him to the lions" since the drug lords detained there were aware he had informed the government about their illegal activities.

Solitary confinement

Upon transfer to Building 14, Sebastian said he was placed in solitary confinement 24/7, except during the time his wife comes to visit.

He said the minimal human interaction he experienced in Building 14 had not only caused him and his family "mental trauma and anguish," but also "demeaned and degraded his human dignity as well."

Sebastian said even during his detention at Building 14, he continued to appeal for his transfer to another compound within the NBP, but it was still unheeded. He cited as proof the letter dated April 4, 2016 of Cruz denying his request, with the reason that "the directive to place inmate Sebastian at SHU came from former Justice Secretary Leila de Lima, the Department to which this bureau is under."

In light of his ordeal, Sebastian said De Lima, Cruz and Schwarzkopf should be held liable for torture for placing him under solitary confinement inside Building 14, graft for causing him undue injury by approving his transfer from the maximum security compound, and violation of Republic Act  6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees. —KBK, GMA News