Motions of De Lima, others to remove OSG as counsel for CIDG in sedition raps junked

Panel says this is “without prejudice to respondents’ recourse” to bring issue before “proper forum”

(Eagle News)–The Department of Justice special panel of prosecutors hearing the sedition charges filed against Vice President Leni Robredo and several others has junked  some of the respondents’ motions to disqualify the Office of the Solicitor General as counsel of the Criminal Investigation and Detection Group, the acting complainant.

In junking the motions in a 10-page order on Aug. 23, Senior Assistant State Prosecutor Olivia Torrevillas, and Assistant State Prosecutors Gino Paolo Santiago and Michael John Humarang noted the panel “is without authority” to make the disqualification “in the present proceedings.”

The decision, the panel said, however, was “without prejudice to respondents’ recourse, when they so desire,  to bring such issue before the proper forum.”

Apart from Senator Leila de Lima, lawyers Chel Diokno and Erin Tañada, among others, moved for the OSG’s disqualification.

Other motions

Since there was “compliance” on the part of the CIDG with the “formal requirements” of the filing of the complaint for purposes of the preliminary investigation, and a “manifestation” on its part that the evidence it has submitted in support of the complaint was already “complete and sufficient,” the panel also junked the motions to dismiss and suspend the proceedings based on these grounds.

The panel also granted the motions for extension of time for the submission of counter-affidavits, and ordered those who have not yet submitted the same to do this in the next hearing on Sept. 6 at 9 a.m.

“Those respondents who have already submitted their respective counter-affidavits may already be excused from attending the next scheduled hearing,” the panel said.

In the case of respondent Senator Leila de Lima, who is detained in Camp Crame over drug-related charges, the panel said it  “deems it appropriate” that her counter-affidavit be subscribed and sworn to before panel members in her current place of detention on Sept. 9.

The panel also ordered the CIDG to inform the respondents within five days after receipt of the order about the status of Peter Joemel Advincula,on  whether he has been arrested or charged.

The affidavit of Advincula, who   claims to be the yellow-hooded figure in the Ang Totoong Narco-list videos against President Rodrigo Duterte’s family, became the basis for the filing of the sedition charges.

After initially standing by the allegations in the video, Advincula later said members of the opposition ordered him to peddle the lies under Oplan Sodoma.

In its order, the panel also ruled it was authorized to conduct the preliminary investigation into the case, pursuant to Sections 4 and 5  of the Prosecution Service Act of 2010.

Based on Section 4, the panel said the Secretary of Justice “may act directly on any matter involving national security or a probable miscarriage of justice within the jurisdiction of the prosecution staff, regional prosecution office, and the provincial or city prosecutor.”

Section 5, on the other hand, the panel said, states the functions of the Office of the Prosecution Staff which includes the conduct of a preliminary probe. With a report from Moira Encina