(From Senator Leila De Lima’s Facebook Page)
DAVAO CITY, Philippines—Claiming that there is a grave abuse of discretion, Senator Leila de Lima’s camp filed Monday before the Supreme Court a petition questioning the legality of her arrest issued in a criminal case for drug trading.
De Lima is asking the High Court to issue a status quo ante order that would restore the situation of the parties to the case prior to Judge Juanita Guerrero’s issuance of the arrest order last Feb. 23.
Guerrero is the judge of Muntinlupa Regional Trial Court, Branch 204.
“Haste, when unduly applied in the context of the criminal justice system, such that it constitutes a blatant failure to respect and uphold a person’s fundamental rights, and to observe the guarantees enshrined in the Constitution to protect the rights of the accused, it results in something far more destructive, more pestilent and graver than mere imperfection,” De Lima said in an 82-page petition.
She argued that “Guerrero acted with undue haste and inordinate interest as it has yet to resolve the Senator’s motion to quash that has been set to be heard last Feb. 24.”
“Judge Guerrero committed grave abuse of discretion amounting to lack or excess of jurisdiction when she issued the order and the arrest warrant. Her acts likewise violated her constitutional, legal and procedural rights,” De Lima argued.
The Senator, who is known to be a staunched critic of President Rodrigo Duterte, is currently detained at the Philippine National Police’s Custodial Center for violation of Section 5 (sale) in relation to Section 3 (trading), Section 26 (b) and Section 28 or the criminal liability of government officials and employees of Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2002.
Lawyer Alex Padilla, legal spokesman of De Lima said the “court must first resolve the issue of lack of jurisdiction before issuing a warrant of arrest because such act is itself an exercise of jurisdiction, which we precisely object.”
“The issuance of a warrant of arrest by a court that has no jurisdiction over the case makes such Warrant obviously and patently null and without basis, thus making Senator De Lima’s detention on the basis thereof illegal,” he added.
De Lima’s camp pointed out that it is the Sandiganbayan – not the Regional Trial Court – that has jurisdiction over the offense she was accused to have allegedly committed when she was the Secretary of Justice during the Aquino administration. (davaotoday.com)
