SolGen to SC: No reason to give De Lima special treatment
Solicitor General Jose Calida on Tuesday called on the justices of the Supreme Court (SC) to junk Senator Leila De Lima's plea to be released from detention over drug-related charges.
During the resumption of oral arguments, Calida said De Lima is not entitled to special treatment from the high court.
De Lima is under detention on allegations that she allowed several individuals and high-profile inmates of the New Bilibid Prison to commit illegal drug trading during her term as justice secretary in exchange for millions of pesos in campaign funds.
She has questioned her arrest before the SC even as Judge Juanita Guerrero of the Muntinlupa City Regional Trial Court Branch 204 has yet to rule on her motion to dismiss the case, which puts the neophyte senator's petition at risk of being junked for violation of the principle of hierarchy of courts.
"Senator De Lima’s case is only one of the tens of thousands of drug-related cases now being handled by 955 branches of the Regional Trial Court,” Calida said in his opening statement.
"There is nothing remarkable about this case except for her insistence that she be treated above the law.”
Calida observed that before De Lima’s indictment on drug charges, "the perception was that only the unlettered and the underprivileged were charged with drug offenses."
"Now that the government has put one of the high and mighty on the dock, the same detractors are crying foul," he said.
"What is so special about this senator that her lawyers are practically asking the Supreme Court to waive its rules so that it can rule on an incident her favor? None!” Calida said.
The solicitor general reminded the SC that De Lima aspired to become Chief Justice in 2012.
However, Calida noted that De Lima refused to follow the temporary restraining order issued by the high court allowing then-President and now Pampanga Rep. Gloria Macapagal-Arroyo to travel abroad for medical treatment in November 2011.
"She was so suffused with arrogance that she even claimed that the TRO violated the essence of her watchlist order," he said.
Calida maintained that De Lima's petition should be dismissed on the ground that she and a notary public "fabricated" a document stating the date, place, and name of the person before whom it was sworn.
He added that only the RTCs have exclusive jurisdiction over drug-related cases under Section 90 of the Comprehensive Dangerous Drugs Act (Republic Act 9165), disputing De Lima's position that she should be tried before the Sandiganbayan since the allegations were allegedly in relation to her position as justice secretary.
"RA 9165 confers on designated RTCs exclusive jurisdiction over drug offenses. On the other hand, the Sandiganbayan charter confers on the graft court jurisdiction over offenses committed in relation to public office, to the exclusion of drug cases,” Calida said.
"In fact, the Sandiganbayan has not tried any drug case since its creation.”
The solicitor general said that De Lima’s lawyers were making an issue over the alleged disagreement between the OSG and the DOJ as to the crime charged against De Lima.
He said this supposed conflict is merely imaginary, as there is no dispute on the offense charged against De Lima.
De Lima's co-accused include former Bureau of Corrections (BuCor) officer-in-charge Rafael Ragos and her former driver, bodyguard and lover Ronnie Dayan.
"The conduct of De Lima, Ragos and Dayan, together with the high-profile inmates before, during, and after the commission of the offense evinces a common design to commit illegal drug trading under the law,” Calida said.
"While generally, mere conspiracy to commit a crime is not punishable, the exception is when the law specifically provides a penalty for it, such as that under Section 26(b) of the Comprehensive Dangerous Drugs Act. Hence, the mere agreement to commit the offense of selling dangerous drugs is a crime," he added.
Calida was currently undergoing interpellation by the justices as of posting time. —KBK, GMA News
Source:GMA News
During the resumption of oral arguments, Calida said De Lima is not entitled to special treatment from the high court.
De Lima is under detention on allegations that she allowed several individuals and high-profile inmates of the New Bilibid Prison to commit illegal drug trading during her term as justice secretary in exchange for millions of pesos in campaign funds.
She has questioned her arrest before the SC even as Judge Juanita Guerrero of the Muntinlupa City Regional Trial Court Branch 204 has yet to rule on her motion to dismiss the case, which puts the neophyte senator's petition at risk of being junked for violation of the principle of hierarchy of courts.
"Senator De Lima’s case is only one of the tens of thousands of drug-related cases now being handled by 955 branches of the Regional Trial Court,” Calida said in his opening statement.
"There is nothing remarkable about this case except for her insistence that she be treated above the law.”
Calida observed that before De Lima’s indictment on drug charges, "the perception was that only the unlettered and the underprivileged were charged with drug offenses."
"Now that the government has put one of the high and mighty on the dock, the same detractors are crying foul," he said.
"What is so special about this senator that her lawyers are practically asking the Supreme Court to waive its rules so that it can rule on an incident her favor? None!” Calida said.
The solicitor general reminded the SC that De Lima aspired to become Chief Justice in 2012.
However, Calida noted that De Lima refused to follow the temporary restraining order issued by the high court allowing then-President and now Pampanga Rep. Gloria Macapagal-Arroyo to travel abroad for medical treatment in November 2011.
"She was so suffused with arrogance that she even claimed that the TRO violated the essence of her watchlist order," he said.
Calida maintained that De Lima's petition should be dismissed on the ground that she and a notary public "fabricated" a document stating the date, place, and name of the person before whom it was sworn.
He added that only the RTCs have exclusive jurisdiction over drug-related cases under Section 90 of the Comprehensive Dangerous Drugs Act (Republic Act 9165), disputing De Lima's position that she should be tried before the Sandiganbayan since the allegations were allegedly in relation to her position as justice secretary.
"RA 9165 confers on designated RTCs exclusive jurisdiction over drug offenses. On the other hand, the Sandiganbayan charter confers on the graft court jurisdiction over offenses committed in relation to public office, to the exclusion of drug cases,” Calida said.
"In fact, the Sandiganbayan has not tried any drug case since its creation.”
The solicitor general said that De Lima’s lawyers were making an issue over the alleged disagreement between the OSG and the DOJ as to the crime charged against De Lima.
He said this supposed conflict is merely imaginary, as there is no dispute on the offense charged against De Lima.
De Lima's co-accused include former Bureau of Corrections (BuCor) officer-in-charge Rafael Ragos and her former driver, bodyguard and lover Ronnie Dayan.
"The conduct of De Lima, Ragos and Dayan, together with the high-profile inmates before, during, and after the commission of the offense evinces a common design to commit illegal drug trading under the law,” Calida said.
"While generally, mere conspiracy to commit a crime is not punishable, the exception is when the law specifically provides a penalty for it, such as that under Section 26(b) of the Comprehensive Dangerous Drugs Act. Hence, the mere agreement to commit the offense of selling dangerous drugs is a crime," he added.
Calida was currently undergoing interpellation by the justices as of posting time. —KBK, GMA News
Source:GMA News
