Aguirre says Hontiveros will be treated fairly as De Lima hits filing of case at DOJ

Justice Secretary Vitaliano Aguirre II on Tuesday said that his department will be fair in handling the case he filed against Senator Risa Hontiveros for exposing his text exchange with former Negros Oriental representative Jacinto Paras.

Aguirre made the assurance after detained Senator Leila de Lima said that by filing the criminal complaint with the National Prosecution Service, an attached agency of the Department of Justice, Aguirre would effectively be his own judge in the case.

Aguirre said that he filed with the NPS because the case did not fall within the jurisdiction of the Ombudsman.

"After further study, I came to the conclusion that it is the civil courts and the National Prosecution Service that have jurisdiction over the cases because the offenses were committed when Sen. Riza [sic] was not in the performance of her official duties," Aguirre told GMA News Online in a text message.

"I could not do anything because that [is] what the law says. It is the law that determines jurisdiction," he added.

"What I could say is that the DOJ will treat these cases fairly and with justice, so Sen. Riza has nothing to fear," said the justice secretary.

Hontiveros is facing three counts of violation of Republic Act 4200 or the Anti-Wiretapping Act for disclosing Aguirre's private text conversation to the public.

In a privilege speech on September 11, Hontiveros claimed that a photo showing texts between Paras and Aguirre indicated they were planning to file cases against her.

A member of the press took the photo on September 5 during the Senate hearing on the death of 17-year-old Kian delos Santos.

Hontiveros, who denied the wiretapping accusations, said that the filing of the case at the Pasay City Prosecutor's Office itself displayed a conflict of interest on the part of the justice secretary.

She also called it a "desperate attempt to deflect public attention away from his text conversation," alleging he was "caught red-handed" in plotting against her.

‘Justice, Aguirre-style’

In her statement a day after Aguirre filed the complaint, De Lima said, "In a true sense, Aguirre will be the judge of his own accusation against Sen. Hontiveros. This is justice now in the Philippines, Aguirre-style."

She also echoed Hontiveros' sentiment that Aguirre should be criminally charged for texting instructions to Paras to file "trumped-up" charges against Hontiveros.

"Even setting aside ethical standards, Aguirre’s texted instruction to Paras was a blatant violation of R.A. No. 3019, or the Anti-Graft and Corrupt Practices Act, because Aguirre gave unwarranted advantage and preference to Paras, a private party, in the discharge of his official functions through manifest partiality and evident bad faith," she added.

De Lima argued in her statement that the Anti-Wiretapping Law does not apply in this case because "conversations overheard without the use of devices but merely out of the carelessness and stupidity of the conversing parties, is not wiretapping."

She added that such "criminal conduct" displayed during a public hearing should be proceeded against before the Ombudsman.

"Aguirre is not the victim here. He is the willing participant in a criminal enterprise. He is the principal by direct participation in the malicious persecution of Sen. Hontiveros by using all the power and influence of his official position as the Secretary of Justice. (Sounds familiar?)," De Lima said.

"It is a blatant misuse and abuse of the powers of his office," she added. — BM, GMA News