Solgen defends judge over Leila’s arrest warrant

Solicitor General Jose Calida has defended the Muntinlupa Regional Trial Court (RTC) judge who ordered the arrest of Sen. Leila de Lima on drug charges.

In last Tuesday’s arguments at the Supreme Court, Calida said Judge Juanita Guerrero is a competent and multi-awarded judge.

He asked the high tribunal to allow Guerrero to proceed with the case against De Lima.

Calida was asked several times by the justices on the propriety of the judge’s issuance last month of an arrest warrant against De Lima, even prior to the conduct of a hearing and resolving the issue of jurisdiction.

He argued that Guerrero, also executive judge of Muntinlupa RTC, was correct in ordering the arrest of the senator upon personal determination of probable cause.

“When Judge Guerrero examined the evidence, she was not mindless. She is a veteran judge, a law professor and a Bar examiner,” Calida said.

De Lima is questioning her arrest and detention, saying the judge should have not touched on the case for lack of jurisdiction.

She said her case should fall under the jurisdiction of the Sandiganbayan.

Calida said that under the rules of court, the first task of the judge is to determine the existence of probable cause in the charges and make sure the accused is placed under the court’s custody or jurisdiction.

Associate Justices Presbitero Velasco Jr., Diosdado Peralta and Samuel Martires agreed with Calida on the issue of jurisdiction, saying it should be resolved later in the court proceedings.

Martires said jurisdiction is not a requisite for determination of probable cause and there is a reason the issue on probable cause is placed under Rule 112 in the Rules of Criminal Procedure and the issue on jurisdiction through a motion to quash in Rule 117.

“These rules involve procedures so we have to follow steps,” the newly appointed justice pointed out.

Calida said the motion to quash remains pending before the RTC and that the high court should dismiss De Lima’s petition and allow the judge to resolve the plea.