MANILA, Philippines - The ball started rolling for the drug cases against Sen. Leila de Lima as the cases against her were raffled off to three different branches of the Muntinlupa regional trial court (RTC) yesterday.
Charges of sale and trading of illegal drugs and liability of government officials under Republic Act 9165 (Comprehensive Dangerous Drugs Act) were assigned to RTC Branch 204 Judge Juanita Guerrero, Branch 205 Judge Amelia Fabros-Corpuz and Branch 206 Judge Patria Manalastas-de Leon.
The case in branch 204 included De Lima’s former driver and lover Ronnie Dayan and National Bureau of Investigation (NBI) deputy director Rafael Ragos as co-accused, while the case in Branch 205 included the senator’s nephew Jose Adrian Dera.
The case in Branch 206 included as co-accused former Bureau of Corrections chief Franklin Bucayu, alleged bagman Wilfredo Elli, high-profile inmate Jaybee Sebastian, De Lima’s former bodyguard Jonel Sanchez, Dayan and Dera.
The Department of Justice (DOJ) decided to split the cases into three counts instead of just filing one case against the lawmaker and the other accused.
The cases stemmed from the complaints filed by Volunteers Against Crime and Corruption (VACC), the NBI, former NBI deputy directors Reynaldo Esmeralda and Ruel Lasala, and inmate Sebastian.
Justice Secretary Vitaliano Aguirre II said the courts are expected to issue arrest warrants against the seven after probable cause is established. Once issued, he would seek the issuance of a hold departure order to prevent them from fleeing and evading prosecution in the non-bailable cases.
Aguirre also stood pat on his decision to file the cases before the RTC instead of forwarding it to the Office of the Ombudsman, which handles cases falling within exclusive jurisdiction of the Sandiganbayan, as argued by De Lima.
“It is the RTC that has original and exclusive jurisdiction over the three cases, regardless of the high position of the respondent. Trading in illegal drugs has no connection with the performance of her duties as (former) secretary of justice,” he explained.
Solicitor General Jose Calida supported Aguirre’s decision, pointing out in a statement that the RTC has jurisdiction over the cases for violations of Republic Act 9165 even if the accused is an incumbent senator.
“Since Senator De Lima is facing drug charges, which has no relation to her office, she should be tried before the regular courts, and not in the Sandiganbayan,” Calida reasoned. – With Edu Punay, Ding Cervantes