OSG to defend Leila’s indictment for drug trafficking

The Office of the Solicitor General (OSG) is set to defend before the Supreme Court (SC) today the indictment and arrest of Sen. Leila de Lima on drug trafficking charges.

Solicitor General Jose Calida will face the justices in the continuation of the oral arguments on De Lima’s plea for release and justify the legality of her detention.

He would ask the high court to reject the plea of the embattled senator to be released from detention while facing drug trafficking cases in the Muntinlupa regional trial court by issuing a status quo ante order on the arrest warrant against her.

Calida – representing Muntinlupa Regional Trial Court branch 204 Judge Juanita Guerrero who issued the arrest warrant against De Lima, and Philippine National Police officials named as respondents in De Lima’s petition – argued that there is no unmistakable right of the senator being violated to warrant the issuance of the temporary restraining order.

He said De Lima’s case is not an exception to the general rule that criminal prosecution may not be stayed or restrained.

He also warned the high court that granting De Lima’s plea would be tantamount to deciding on the pending criminal case against her before the trial court when a full-blown trial is necessary to determine De Lima’s guilt on the drug charges against her.

Calida said he would also rebut the jurisdiction issue raised by De Lima in her petition, saying drug cases fall exclusively to the jurisdiction of regional trial courts and not the Sandiganbayan as the senator has insisted.

In an earlier manifestation, Calida questioned the validity of De Lima’s petition as he accused her of faking a certification and violating the rule requiring her to personally sign on the petition before a notary public.

In the first two hearings, the lawyers of De Lima led by former solicitor general Florin Hilbay presented their arguments before the SC.

They argued that the Muntinlupa court has no jurisdiction over the case that should have been forwarded to the Office of the Ombudsman instead.

Hilbay also stressed that the allegations against De Lima do not actually constitute sale and trading of illegal drugs and liability of government officials under Republic Act 9165 (Comprehensive Dangerous Drugs Act), but rather only direct bribery.

Petitioner stressed that under the law, such charges should fall under the jurisdiction of the Sandiganbayan, not the regional trial court because her position at the time was secretary of justice which has salary grade higher than 27.

Several judges have also raised procedural questions to De Lima’s camp for ignoring the hierarchy of courts and filing a premature petition before the high court as the regional trial court has yet to resolve her motion to quash charges.