House poises obstruction raps vs Leila

Over an affair that lasted seven years, she allegedly gave him P2 million to build a house and a monthly stipend that averaged P25,000.

As driver, bodyguard and secret lover of Leila de Lima when she was justice secretary, Ronnie Dayan also said he endorsed appointments to her for key positions in the Department of Justice and got his nephew appointed to the Bureau of Immigration.

With government business becoming so intertwined with their private life, De Lima apparently believed it would be prudent for Dayan to snub a House subpoena to answer questions on the illegal drug trade at the New Bilibid Prison (NBP).

That advice, sent by text message through Dayan’s daughter and preserved in a mobile phone, may earn for De Lima an indictment for obstruction of justice.

Dayan’s story about their affair may also cost De Lima her license to practice as a lawyer and, according to some lawmakers, may earn her an indictment for concubinage for cohabiting with a married man.

The House committee on justice issued the show-cause order against De Lima after it was established at the hearing

yesterday that she had advised Dayan to just hide and ignore a House invitation to testify.

Dayan admitted before the committee yesterday that he had delivered to De Lima packages containing what he believed to be millions in cash from drug trader Kerwin Espinosa.

De Lima’s instructions to Dayan were relayed through Viber to his 23-year-old daughter Hannah Mae.

With her face covered for security reasons, Hannah Mae

showed the committee her Viber exchange with De Lima, whose contact name in Dayan’s phone was “TL,” short for “Tita Lei.” Majority Leader Rodolfo Fariñas quipped, “I thought it’s true love or tulo laway.”

“Pakisabi sa kanya magtago na lang siya. Pagpipistahan lang kaming dalawa,” the former justice secretary supposedly wrote in the Viber message sent on Oct. 1.

The senator said it’s President Duterte and Speaker Pantaleon Alvarez who wanted to humiliate her in a congressional investigation.

Hannah said her father gave her instruction to seek legal advice after the House panel sent him a subpoena requiring him to appear in the inquiry.

The younge r Dayan – who knew of her father’s affair with De Lima – forwarded the senator ’ s message to him, but said she did not know if he received it because he was in hiding. Hannah also related that she asked De Lima in a follow-up text if her father would still be arrested if he didn’t show up at the House probe, to which the senator retorted: “Hindi ba

nagtatago naman siya (Isn’t he in hiding)?”

After this second message, nothing was heard of from the controversial senator.

She said she sent the message to De Lima’s mobile phone with number 0917- 8422759, which, according to Ilocos Norte Rep. Fariñas and his colleague Rep. Harry Roque of partylist Kabayan, was “exactly the same” and matched those in their phone directory.

Dayan told the committee headed by Oriental Mindoro Rep. Reynaldo Umali that he would have wanted to attend the House hearings, but decided against it after De Lima advised him to snub the hearings.

This prompted Fariñas to say that De Lima appeared to have violated the House rules and could be cited in contempt for “undue interference” in a congressional proceeding by asking Dayan to ignore the subpoena.

“It’s bordering on obstruction of justice and contempt of the House of Representatives,” he said.

Justice Secretary Vitaliano Aguirre II said De Lima could indeed be charged with obstruction of justice after Dayan’s revelations.

Parking lot rendezvous

On allegations that De Lima had received campaign funds from Espinosa, Dayan said he picked up – on at least five occasions – what he believed to be millions of pesos in cash from the drug trader and later handed these over to the senator.

Dayan said De Lima gave him instructions to pick up the money through voice calls and not through texts.

He was responding to 1-Sagip party- list Rep. Rodante

Marcoleta’s instruction that he show proof that she indeed had sent him on such errand.

Dayan said he always put the packages – placed inside a paper bag – in the service vehicle and eventually in her room inside her residence in Parañaque which they at the time shared as a couple.

“Hindi ko po binubuksan at

binibilang, sinasalat ko lang po (I don’t open or count them, I just feel them),” he said, drawing laughter from the crowd.

Marcoleta likewise warned Dayan about the legal implications of his admission, as well as that of De Lima’s about their illicit relationship for seven years, from 2007 to 2014, considering that he has never been separated from his wife since 1991.

Dayan admitted he knew he could be held liable for concubinage and De Lima for adultery.

Dayan’s testimony confirmed that of Espinosa’s, particularly on the instances when they met about five times, but lawmakers – including PNP chief Director General Rolando dela Rosa – were at a loss on who was telling the truth since they gave contradicting dates.

Espinosa told the Senate Wednesday he met with Dayan either at the parking lot of MOA in Pasay City or in Burnham Park in Baguio City – and specified that all these took place from October 2015 until February this year.

Dayan said he didn’t know Espinosa was a drug lord until the latter’s father was killed by policemen recently.

He added their dealings happened in mid to late-2014, because he already resigned as De Lima’s bodyguard in January 2015.

He also claimed he never went inside the NBP premises every time De Lima visited the national penitentiary, but was forced to admit when crossexamined by ABS party- list Rep. Eugene de Vera that he actually did so twice.

It took a long while before Dayan admitted he entered the NBP twice – once when a bomb exploded – but denied a third incident when he and De Lima attended a birthday party that lasted until past midnight.

A majority of the lawmakers refused to believe Dayan’s claim that he didn’t personally know any of the inmate-drug lords who had testified and implicated him, save for former Bureau of Corrections acting director Rafael Ragos, who once asked him to help get a promotion.

All of the inmates – from kidnapper-carjacker Jaybee Sebastian to Herbert Colanggo, Tony Co, SPO3 Engelberto Durano, PSG aide Joenel Sanchez, Nonilo Arile to retired police major Rodolfo Magleo – said they raised funds and gave money to De Lima through Dayan.

The former bodyguard denied, on the other hand, having knowledge about the alleged payoffs Ragos narrated in his affidavit, where the latter said he was with Dayan when he delivered money to De Lima thrice – P3 million, P5 million and P1.6 million – in her residence.

“May nakita po akong may inabot siya pero hindi ko po alam kung iyun ay pera (I saw him hand over something but I didn’t know if it’s cash),” he recalled.

He also admitted having personally known former police general Franklin Bucayu who, like Ragos, had also asked him to endorse his application to become the head of the BuCor.

Senate to wait first

Reacting to possible House sanction against De Lima, Senate President Aquilino Pimentel III said he would wait for an official communication from the House justice committee.

“Let us not be too excited. Let the House do what they have to do. Observe due process. Observe proper procedure then give the Senate the official results of their findings. Let’s cross that particular bridge when we get there,” Pimentel said.

“We have our own rules also of the Senate. But for a member of the House to tell the Senate to do something, ibalik ko

sa House, do your thing first before you ask us to do something,” he added.

Pimentel said that the matter would most likely be referred to the Senate ethics committee headed by Majority Leader Vicente Sotto III for its action.

“Inter- parliamentary or inter-chamber courtesy is not found in the Constitution, not found in any law. If they want to respect that well and good, if not then it’s okay too. Wag lang

sila magtampo if it’s the other way around,” he added.

Liberal Party president Sen. Francis Pangilinan, for his part, came to the defense of De Lima, saying the House panel cannot act against a senator on its own.

“One house cannot proceed against a member of another house without violating the constitutional principle of coequality and inter- chamber courtesy,” Pangilinan said.

“The correct procedure is to bring the matter officially before the entire chamber by way of a letter complaint addressed to the Senate President,” he added.

DOJ’s Aguirre, meanwhile, said De Lima could lose her license as a lawyer for having romantic relations with a married man.

“She could be disbarred for immorality if a complaint is filed with the Supreme Court,” he said.

Aguirre was responding to questions on what crimes the senator may have committed based on Dayan’s testimony.

However, the justice secretary refused to commit, even after being prodded by committee members, to file a complaint against his predecessor.

Quezon City Rep. Vincent Crisologo asked if De Lima could be charged with adultery or concubinage.

Aguirre said it is an aggrieved party like Dayan’s wife who could initiate a case. –