(Eagle News) — The Supreme Court has junked Senator Leila de Lima’s petition questioning the arrest warrant issued against her in connection with her alleged role in the illegal drug trade in the New Bilibid Prison when she was justice secretary.
The High Court ruled the petition dismissed with a vote of 9-6 for “lack of merit,” its Public Information Office said in a Twitter post.
Those who voted for the dismissal were Associate Justices Presbitero Velasco, Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Samuel Martires, Noel Tijam, Andres Reyes and Alexander Gesmundo.
Chief Justice Ma. Lourdes Sereno, Senior Associate Justice Antonio Carpio, and Associate Justices Estela Perlas-Bernabe, Marvic Leonen, Alfred Benjamin Caguioa, and Francis Jardeleza voted to grant the senator’s petition.
“There are 11 separate opinions (5 concurring, 6 dissenting). Summary to be released as soon as dissents and concurrences are released,” SC spokesperson Theodore Te said.
On February 24, Muntinlupa Regional Trial Court Branch 204 Judge Juanita Guerrero ordered De Lima arrested.
In a petition filed days later, De Lima asked the High Court to set aside the arrest warrant, stop the judge from conducting further proceedings, and issue a status quo ante order.
Arguments
In praying for the same, De Lima said Guerrero committed grave abuse of discretion when she ordered her arrest even when there was a pending motion to quash filed by the senator’s camp.
She also noted that the Office of the Ombudsman–and not the regional trial court—should have primary jurisdiction over the cases filed against her.
For its part, the Office of the Solicitor General questioned the filing by De Lima’s camp of the petition before the Supreme Court, noting that the High Court should have been her last resort in the first place.
The OSG also noted that the cases against De Lima should be heard by the regional trial court, as this has exclusive jurisdiction over illegal drugs cases, based on Section 90 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.
De Lima, who has been detained at Camp Crame since her arrest, is facing drug-related cases before other Muntinlupa courts—Branch 206 under Judge Patria Manalastas-De Leon and Branch 205, under Judge Amelia Fabros-Corpuz.
The senator has denied any wrongdoing.