De Lima appeals to vote on death penalty, other ‘critical’ bills

Detained Senator Leila de Lima has sought Senate President Aquilino “Koko” Pimentel III’s consent to allow her to vote on crucial landmark legislations now being tackled in the Upper Chamber.

In her three-page letter to Pimentel dated May 11, 2017, De Lima appealed to Pimentel to give her a “modicum of support,” or at least “a semblance of assurance” that he cares for his fellow legislators — “under whatever circumstances they might find themselves in” — and the proper performance of their mandate as bestowed by the millions of Filipino voters who elected them as their representative in the Senate.

“In my case, these are 14 million Filipinos. The minimum that I request is for an expression of support for my desire to occasionally be granted furlough by the court in charge of my detention, for purposes of voting on crucial landmark legislations, on a case-to-case basis,” de Lima said in her letter.

De Lima, who is facing drug charges and is detained at the Philippine National Police (PNP) custodial center, has earlier expressed her desire to be able to participate in the Senate voting for the death penalty bill.

A vocal critic of the Duterte administration, the lawmaker has repeatedly denied allegations of involvement in illegal drugs and accused President Rodrigo Duterte and his allies of orchestrating the “trumped up charges” against her.

Senate minority leader Franklin Drilon has also revealed plans of the Senate minority bloc to petition the court to allow their fellow member to participate in discussions on a number of “critical” measures like the postponement of this year’s barangay elections, lowering the minimum age of criminal liability, apart from the death penalty bill.

“This is not too much to ask, considering that I have not yet been stripped of my office, and no penalty has yet been imposed on me,” De Lima pointed out.

“At present, I am a mere detention prisoner in full possession of political and civil rights, the exercise of which are limited only by the deprivation of my physical liberty, but not by the deprivation of rights, which by law have not yet been denied me,” the senator further stressed.

De Lima explained that the penalties of temporary absolute disqualification and temporary special disqualification for public office do not take effect during the period of detention while she is still on trial.

She said it only takes effect once the court has rendered a conviction and with finality.

“In the meantime, my political as well as civil rights as a detention prisoner are still recognized, albeit subject to the limitations caused by my physical restriction,” she said.

She pointed out that even the Commission on Elections (Comelec) has allowed detention prisoners to register as voters and to vote in general elections from municipal and city jails.

“I see no legal barrier in the applicability of the same principle to the case of a detained senator, who in the absence of a final judgment of conviction, still possesses that mandate of public office bestowed upon her by no less than 14 million Filipinos, to vote for them as one of their representatives in the Senate,” the senator said.

“And if courts in the past granted furloughs to detained senators to attend birthday parties — with one senator having been given his liberty by the Supreme Court no less for a nonbailable crime — I do not think it is too much for the Senate to ask the court in charge of my detention to grant such a consideration, especially since it is not merely to go to a birthday party or for any personal reasons, but to attend to matters of legislation and sovereign representation,” De Lima said.

Without naming names, De Lima was apparently referring to former Sen. Jose “Jinggoy” Estrada who was permitted by the Sandiganbayan to attend his father’s – Manila Mayor Joseph Estrada, birthday. (Hannah L. Torregoza)