The Philippine government on February 17 filed criminal charges against de Lima, alleging she ran a drug trafficking ring using criminals in the country’s largest prison when she was justice secretary. De Lima said in a statement that the charges, which could land her a 30-year jail term, were solely aimed at silencing her criticism of President Rodrigo Duterte. / AFP PHOTO / TED ALJIBE
(Eagle News) – Senator Leila De Lima filed motions seeking to dismiss the drug charges filed against her by the Department of Justice at the Muntinlupa Regional Trial Court (RTC).
De Lima’s lawyers immediately filed the motions after the cases were raffled off to three branches of the court, specifically to the salas of Judge Juanita Guerrero of RTC branch 204, Judge Amelia Fabros Corpus of RTC branch 205, and Judge Patricia De Leon of RTC branch 206.
These courts will then determine if there is probable cause in the cases filed by the DOJ enough to issue arrest warrants for De Lima.
The senator said that the first hearing on the cases was set on Friday.
“So technically, from today until Friday, I’m free,” she told reporters at the Senate.
De Lima is questioning the jurisdiction of the Muntinlupa RTC to hear the drug-related cases filed against her on Friday, February 17.
The former DOJ chief vowed to fight this out.
She said she hoped the courts where the cases had been raffled to would study closely her motion to dismiss the said cases.
-De Lima questions Muntinlupa RTC’s jurisdiction-
De Lima said there are jurisdictional issues in the cases, especially since the allegations in the charges were supposedly done when she was still the justice secretary.
She cited the phrases used in the complaint such as that she allegedly used her influence and power of her office as then DOJ secretary, and that she had “moral ascendancy” allegedly over the drug suspects when the alleged crimes were committed.
“If that is the case then clearly yung pinaparatang nila sa akin na nakipag-konchabahan sa mga drug convicts are in relation to my office then as Secretary of Justice,” she said.
“Kaya sigurado ako dyan na pinilit lang nila na mapunta sa regular courts in the hope na makakuha sila agad ng warrant of arrest,” she said
Pinilit lang nila yan, sinadya nila yan. It’s quite a stretch na ginawa nilang non-bailable (offense),” De Lima added referring to the charges filed against her.
De Lima said the cases should have been filed before the Office of the Ombudsman which, she said, handles all cases involving government officials.
At the Muntinlupa RTC where the cases had been raffled, supporters of De Lima faced off with supporters and members of the Volunteers Against Crime and Corruption who were pressing for an arrest warrant against De Lima.
-De Lima cancels presscon to give way to Lascanas’ expose-
Meanwhile, at the Senate, De Lima decided not to hold her press conference anymore initially set on Monday at 10 a.m. after she was informed that Senator Antonio Trillanes has his own press conference where former police officer Arthur Lascanas would be presented.
Lascanas resurfaced, and changed his tune regarding the existence of the Davao Death Squad (DDS). He also tagged President Rodrigo Duterte in the alleged DDS killings.
While these allegations were denied by Malacanang and were branded as part of a “protracted political drama” meant “to destroy the President and to topple his administration,” these gave reason for De Lima to feel “vindicated.”
De Lima claimed she was “surprised” with Lascanas’ allegations.
She said she would hold her presscon the following day, on Tuesday.