Restoring trust in our criminal justice system

The sword of Damocles finally fell and it nearly chopped off the head of Sen. Leila de Lima. Thanks to our country’s democratic space, Sen. De Lima is still standing to carry on her fight before the judicial courts. She stands accused in three criminal cases as the alleged “coddler” of illegal drug trafficking trade inside the state penitentiary during her watch as Secretary of the Department of Justice (DOJ).

From all indications, the administration of President Rodrigo Duterte has prepared airtight cases against Sen. De Lima. Obviously, the first case was enough to send her under temporary police detention while going through the judicial determination of her innocence or guilt.

The three criminal cases against De Lima were filed and raffled off last Monday at the Muntinlupa Regional Trial Court (RTC) Branches 204, 205 and 206. As I gathered, there are five women judges out of the seven Branches of the Muntinlupa RTC. So it was not a gender issue when three women judges won the raffle to try the De Lima cases.

It was the case filed at Branch 204 presided by judge Juanita “Jane” Guerrero who issued last Thursday afternoon the warrant of arrest against De Lima. Swift to enforce the court order were elements of the Philippine National Police (PNP)-Criminal Investigation and Detection Group (CIDG). Giving in to dramatic appeals to delay arrest, the warrant was served at her Senate office early morning Friday. From there, De Lima was immediately taken to the PNP-CIDG Custodial Center for Women at Camp Crame, Quezon City.

Guerrero belongs to Class 1975 of the Ateneo de Manila College of Law. De Lima, on the other hand, graduated in 1985 from San Beda College of Law – the same alma mater of her arch foe – President Duterte. It’s not a battle of law schools though but the two women members of the bar had a “history” of sorts. With Guerrero as judge, De Lima questioned in the past her decisions where DOJ state prosecutors lost certain high-profile cases.

While she may be the only female detainee now, De Lima actually is not alone. She has for “neighbors” former Senators Jinggoy Estrada and Ramon “Bong” Revilla Jr. who have been detained there for almost three years now. While undergoing plunder trial at the Sandiganbayan, the two ex-senators have been languishing at the other end of the PNP-CIDG Detention Center.

Incidentally, it was De Lima as then DOJ Secretary when the two incumbent Senators then, along with Sen. Juan Ponce Enrile were prosecuted for non-bailable crime of plunder over the “pork-barrel” scandal. But Enrile, who just turned 93 years old last Valentine, has been released on bail on humanitarian grounds late last year.

Barely seven months into office at the Senate, De Lima now finds herself in similar situation. Like the three former Senators did during the remainder of their last term in office, she will henceforth conduct her duties inside the four walls of the detention center.

The case raffled off to Judge Guerrero was filed by lawyer Ferdinand Topacio in behalf of the Volunteers Against Crime and Corruption (VACC). In their complaint, De Lima was accused of having allegedly “coddled” the illegal drugs trafficking trade inside the New Bilibid Prison (NBP), a DOJ attached agency.

Topacio noted the defense panel of De Lima might have made a high stake gambit for their client when they did not file any counter-affidavit. It could have, he cited, brought back her case to the DOJ for a review of the preliminary investigation against her.

Instead, De Lima’s lawyers filed motion to quash the criminal information filed at DOJ. They also questioned the jurisdiction of RTC over her case. They argued the DOJ should have filed the complaint against De Lima before the Office of the Ombudsman. For a crime she allegedly committed while she was Justice Secretary, her lawyers cited, she had a salary grade 27 and above that fall under jurisdiction of the Ombudsman.

In rebuttal, Topacio noted Sen.De Lima have apparently hired the likes of “Attorney Dela Torre” in her battery of defense lawyers. “Attorney Dela Torre” is a pun for “dilatory” tactics employed by veteran trial lawyers to delay or prolong the legal process. Resorting to such usual legal maneuver, lawyers usually can buy time for their client’s convenience. But it also has its downside if it this legal maneuver fails.

At this early stage of De Lima’s case, she could have avoided arrest and detention if she did not hire “Attorney Dela Torre,” Topacio punned.

Levity aside, Topacio could only commiserate with the situation of the erstwhile Justice Secretary. However, Topacio believed De Lima had it coming to her. It started way before the May, 2013 elections, Topacio recalled, when De Lima first entertained thoughts to run for the Senate.

Topacio disclosed for the first time the case on illegal drugs against De Lima was built up through these years. By fluke, Topacio stumbled into the once unknown illegal drugs trade at the New Bilibid Prison (NBP) when he was hired as lawyer to appeal to higher court to overturn the murder conviction of Noel Martinez.

He made this public during our Kapihan sa Manila Bay last Wednesday. Topacio and whistleblowers group leader Sandra Cam appeared as guests in second segment of our breakfast forum last week. This was a day after Sen. De Lima tagged Topacio and Cam as among those behind the alleged attempts of the Duterte administration to pin her down on trumped up illegal drugs cases. Offended for being called names by De Lima in a press conference held at the Senate, Topacio and Cam vowed to file libel suits against her.

Topacio and Cam invoked their rights as private citizens when they were ridiculed in a press conference called by De Lima. Topacio and Cam insisted the oral defamation on their persons were not covered by Sen.De Lima’s parliamentary immunity against suits when the latter made the libelous statements not during a Senate session or in a public hearing.

Aside from the three illegal drugs cases, De Lima is also facing at least two complaints before the Senate ethics committee for alleged obstruction of justice. She purportedly told her estranged driver-lover Ronnie Dayan not to appear at the public hearings last year of the House of Representatives looking into the alleged illegal drugs trade inside NBP. And she has disbarment case, too.

When it rains, it pours. “Weather-weather lang yan,” as one political kibitzer once quipped. But this is not about political payback. It should be about restoring trust in our criminal justice system.

At this early stage of De Lima’s case, she could have avoided arrest and detention if she did not hire “Attorney Dela Torre,” Topacio punned.