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DOJ expects another arrest warrant for De Lima

Perseus Echeminada - The Philippine Star

MANILA, Philippines -  Government prosecutors expect another Muntinlupa City regional trial court to issue a warrant of arrest against Sen. Leila de Lima over her alleged involvement in the illegal drug trade at the New Bilibid Prison (NBP) when she was justice secretary.

De Lima is detained at the Philippine National Police Custodial Center after Judge Juanita Guerrero of Muntinlupa RTC Branch 204 ordered her arrest also on drug charges.

But De Lima, who is facing three separate drug cases filed by the Department of Justice, still performs her duties as senator despite her detention.

She has filed Senate Bill 1346 titled the Judicial System Independence Protection Bill, which would direct the Supreme Court and the Department of Justice to prepare a comprehensive plan to transfer the courthouses out of any building or any facility owned by local government units to insulate the judiciary from politics.

Senior Assistant City Prosecutor Alexander Ramos told reporters that during yesterday’s hearing, Judge Amelia Fabros Corpuz  of RTC Branch 205 gave both the prosecution and defense 10 days to submit their comments on the motion to suspend the issuance of arrest warrant against the senator.

He said they are expecting an arrest warrant to be issued in a month’s time as the court resolves the motions filed by the defense on the RTC’s jurisdiction over the drug cases.

The other case against De Lima was raffled off to Muntinlupa City RTC Branch 206.

Lawyers of De Lima have questioned the jurisdiction of the RTCs over the cases filed against her, saying these should be heard by the ombudsman and the Sandiganbayan as she is a public official. 

Undue pressure

In filing the bill, De Lima warned the lack of judicial independence would result in the inability of one branch of government to check the arbitrary or selfish assertions of another.

“Now more than ever, when the temptation of corruption abounds and politicians exert more and more pressure to our court officials, we need to affirm our commitment to provide for a strong and independent judicial system,” De Lima said.

The bill also seeks to remove the LGUs’ authority to provide for discretionary allowance and other benefits to judges and public prosecutors, amending Sections 447, 458 and 468 of Republic Act No. 7160, also known as the 1991 Local Government Code.

“The discretionary allowance to national government officials stationed in LGUs has been, in many situations, used by local governments to exercise political patronage over such officials,” De Lima said.

“This is especially dangerous to judges and public prosecutors because they may be placed in a position in which they have to rule on or prosecute a case against the said LGUs or their officials,” she added.

According to SB 1346, one of the unintended effects of the discretionary allowance to judges and public prosecutors is that qualified candidates tend to prioritize more affluent LGUs who provide more allowances.

The bill calls for the grant of an allowance equivalent to 10 percent of the monthly salary of judges and public prosecutors stationed in LGU facilities to make up for what they would lose from the removal of the grants given by the LGUs.    

In another development, the Office of the Solicitor General (OSG)  asked the Supreme Court (SC) to dismiss the petition for a temporary restraining order (TRO) filed by De Lima against the Philippine National Police (PNP) and  Guerrero with regard to her arrest and detention.

In a 91-page comment, Solicitor General Jose Calida asked  the SC to “deny due course” and “dismiss” the petition filed by De Lima for lack of merit. –  With Marvin Sy, Evelyn Macairan

 

 

 

JUANITA GUERRERO

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