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Tuesday, March 19, 2024

Sereno to SolGen: Explain active role

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THE Supreme Court has required Solicitor General Jose Calida to justify his active role, particularly in helping the private complainants in the drug cases against Senator Leila de Lima during the preliminary investigation.

Chief Justice Maria Lourdes Sereno ordered Calida to explain his role in the preliminary investigation of the drug trafficking charges against De Lima before the Department of Justice.

During the continuation of the oral arguments on De Lima’s petition against her indictment and detention on Tuesday, Sereno interpellated Calida for lawyering for the Volunteers Against Crime and Corruption and appearing in the DoJ hearing.

“What is the policy of the OSG (office of the solicitor general) in representing private parties in preliminary criminal investigations?” Sereno asked Calida, referring to the latter’s attendance in the DoJ hearing on Dec. 21 last year.

The chief magistrate stressed that the OSG was supposed to represent only government offices and instrumentalities.

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The Solicitor General admitted he attended the hearing as a former member of the VACC and helped them in “his capacity as the tribune of the people.”

“I believe it was my duty to be there,” the chief state lawyer told SC magistrates.

 Sereno then asked for more explanation from Calida through a memorandum to be submitted after 20 days.

“Can you please expound on the duties of the OSG in your memorandum—whether, in fact, this is common criminal investigation or prosecution, or it has already reached a persecution component,” she said.

The SC chief cited the allegation in the petition of De Lima that she was being persecuted by the administration for being the most vocal critic of President Duterte’s war on drugs.

In the same hearing, Associate Justice Marvic Leonen raised the same issue. 

He cited the affidavit of inmate Jaybee Sebastian that Calida went to the New Bilibid Prison and talked to him prior to his testimony against De Lima in the House of Representatives.

“You were mentioned as having gone to the Bilibid and then after that, he explained, that after you, the follow-ups were done by a certain Ms. Sandra Cam,” Leonen stressed.

However, Calida did not admit his meeting with Sebastian and said he was not aware that he was mentioned in the affidavit.

In an interview, Calida maintained he did not go beyond his mandate in participating in the DOJ hearing.

“I am the tribune of the people, I can defend whoever I want to defend,” he said.

As to the affidavits of Sebastian and other inmates read by Sereno during the hearing, Calida said they constituted the evidence of the prosecution, which could only be examined before the trial court.

 “The Supreme Court is not a trier of facts so we cannot delve on the evidence right now. There will be a time for that. In fact I told that Court that (Muntinlupa City regional trial court branch 204) Judge (Juanita) Guerrero should be allowed to finish her task,” he said.

 Calida defended on Tuesday the validity of the indictment and arrest warrants against De Lima. 

He asked the SC to dismiss De Lima’s petition for forum shopping and violation of hierarchy of courts.

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