DOJ has no influence...
“It’s up to the court when to issue the warrant,” Justice Undersecretary Erickson Balmes said.
“We cannot influence them (courts) contrary to the claim of some sectors,” he stated.
On Friday, state prosecutors filed three criminal charges against De Lima before the Muntinlupa City regional trial court (RTC) over her alleged involvement in the proliferation of illegal drugs at the New Bilibid Prison (NBP).
No court has taken jurisdiction over the drug cases which are nonbailable.
“May raffle po Monday, then ang court where it is raffled will decide to issue a warrant,” Balmes explained.
Custodial center If the lady senator fears for her safety behind bars, Director General Ronald dela Rosa is offering the maximum detention facility inside Camp Crame to guarantee her safety.
Should the Muntinlupa court commit De Lima to the PNP Custodial Center, she will be sharing the compound with Senators Jinggoy Estrada and Ramon “Bong” Revilla Jr. whom De Lima helped prosecute as Justice secretary over the alleged misuse of “pork barrel” funds.
The detention facility is supposed to be the living quarters of officers manning the Custodial Center.
The compound houses three separate jails – the third was intended for former Senator Juan Ponce Enrile who was detained at the PNP General Hospital and later allowed to post bail.
“I promise her she will be very, very safe inside Camp Crame,” said Dela Rosa.
Should the court commit De Lima to the Bicutan jail, she will be joining Enrile’s Chief of Staff lawyer Gigi Reyes who is facing charges over the Priority Development Assistance Fund (PDAF) scam; and if the court orders her detained at the Women’s Correctional in Mandaluyong, she will be joining the alleged PDAF scam mastermind Janet Lim Napoles and drug queen Yu Yuk Lai.
De Lima is charged with allegedly violating Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.) in relation to Section 3(jj) (Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration), Section 26(b) and Section 28 of the Comprehensive Dangerous Drugs Act of 2002 (RA 9165).
Similarly charged are her former lover and driver Ronnie Dayan and De Lima’s nephew Jose Adrian Dera, who are each facing two counts of drug charges.
Co-accused Her co-accused, former Bureau of Corrections (BuCor) Director General Franklin Jesus Bucayu; Bucayu’s alleged bagman Wilfredo Elli; highprofile Bilibid inmate Jaybee Sebastian; National Bureau of Investigation (NBI) Deputy Director Rafael Ragos; and de Lima’s former aide Joenel Sanchez are facing one count of drug charges.
The filing of the cases came after the Court of Appeals did not issue a writ of injunction as prayed for by De Lima to stop the DOJ from prosecuting her over her alleged involvement in the proliferation of illegal drugs at the state penitentiary.
The CA Special Sixth Division said De Lima failed to show that “the right to be protected exists prima facie” and “the acts sought to be enjoined are violative of that right.”
“Mere allegations of the existence of the above-named requisites, absent of proof, cannot be the basis for the issuance of an injunctive writ,” read the resolution penned by Associate Justice Nina Antonio Valenuela and Associate Justices Romeo Barza and Edwin Sorongon.
State witness
The CA gave the DOJ 10 days to comment on De Lima’s petition and gave the senator 10 days to reply to the DOJ’s comment.
The charges against De Lima stemmed from the consolidated criminal complaints filed by the Volunteers Against Crime and Corruption (VACC), the NBI, former NBI deputy directors Reynaldo Esmeralda and Rule Lasala, and high-profile Bilibid inmate and self-confessed drug trader Jaybee Sebastian.
The prosecutors dismissed the complaint against Justice Undersecretary Francisco Baraan III for “insufficiency of evidence.”
The prosecutors also dismissed the complaints against high-profile inmates Herbert Colanggo, Engelberto Durano, Vicente Sy, Jojo Baligad and Wu Tuan Yuan, also known as Peter Co, since “they will be utilized as Prosecution witnesses.”
Ombudsman
On the other hand, prosecutors “indorsed to the Office of the Ombudsman for its appropriate action” the criminal complaints for violation of RA 3019 (Anti-Graft and Corrupt Practices Act), RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), Presidential Decree (PD) No. 46 (Act Punishing the Receiving and Giving of Gifts of Public Officials and Employees), and direct bribery and indirect bribery under the Revised Penal Code (RPC).
In a resolution, the DOJ prosecutors, on the instruction of Justice Secretary Vitaliano Aguirre II shall conduct further investigation on the alleged extortion activities of religious pastor Danilo Rico inside the NBP; Dera’s alleged kidnapping of Peter Co’s niece Sally in March 2016; and the illegal drug activities and related offenses committed by self-confessed drug trader Rolan “Kerwin” Espinosa.
‘I’m innocent’ De Lima said she won’t be silenced by the charges and vowed to fight the Duterte administration for as long as she can.
“I’m innocent and not at all involved in the drug trade. So these are all trumped up charges,’’ De Lima said in a brief interview as she joined participants of the Walk for Life ceremony at the Quirino Grandstand in Manila yesterday.
Asked if the drug charges were meant to silence her, De Lima replied: “No other reason and also personal vendetta of the President.”
The Liberal Party in a statement appealed for “total impartiality in the dispensation of justice. Senator De Lima has been pre-judged before any of the charges were filed as no less than the President vowed to destroy her in public and was sure De Lima would land in jail before any case was filed. Secretary Aguirre, being the alter ego of the President, should inhibit in any and all cases filed against Senator De Lima.”
“We assert that the Ombudsman has primary jurisdiction over cases against public officers cognizable by the Sandiganbayan. Violation of the Dangerous Drugs Act, which is the DOJ’s case against Sen. De Lima, falls under ‘other offenses committed by public officials’ listed in the Sandiganbayan Law.”
“We maintain that if this warrant of arrest is served, it would be a clear violation of legal proceedings and is therefore a violation of her Constitutional right to due process.” (With a report from Aaron B. Recuenco)