VOTING 9-6, the Supreme Court on Tuesday dismissed for lack of merit the petition of Senator Leila de Lima seeking her release from detention and stopping her indictment for trading in illegal drugs.
During its en banc session, the Court instead upheld the validity of the warrant of arrest issued against her and her indictment before the Muntinlupa Regional Trial Court for allegedly taking part and benefiting from illegal drug trade inside the New Bilibid Prison.
In a decision penned by Associate Justices Presbitero Velasco Jr., the Court held that the RTC has exclusive jurisdiction over the drug charges against De Lima, even if her position has a salary grade higher than 27, which is covered by the jurisdiction of the Sandiganbayan.
“The exclusive original jurisdiction of the RTC over violations of RA 9165 is not transferred to the Sandiganbayan whenever the accused occupies a position classified as Grade 27 or higher, regardless of whether the violation is alleged to have been committed in relation to the office being occupied. The Sandiganbayan’s jurisdiction is limited to violations of the anti-graft laws and do not extend to violations of the drugs law,” the decision said.
The ruling came after Velasco earlier rejected the plea of De Lima for his inhibition due to alleged “conflict of interest” over his “prior actuations” in the case of convicted drug lord German Agojo, one of the witnesses against the senator in the drug cases.
The eight magistrates who concurred with the ruling were Associate Justices Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Samuel Martires, Noel Tijam, Andres Reyes and Alexander Gesmundo.
The six magistrates who dissented from the majority ruling were Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio and Associate Justices Estela Perlas Bernabe, Marvic Leonen, Francis Jardeleza and Benjamin Caguioa.
De Lima was accused of accepting drug money from prisoners when she was Justice secretary from 2010 and 2015. She is not entitled to bail and, if found guilty, could be sentenced to life in prison.
The senator earlier said the Muntinlupa RTC had committed grave abuse of discretion in ordering her arrest when she still had a pending motion to quash.
She also said the case should have been filed before the Office of the Ombudsman, which has jurisdiction over officials with a salary grade of 27 or above. De Lima had a salary grade of 31 as Justice secretary.
The Office of the Solicitor General, however, said that under the Comprehensive Dangerous Drugs Act, the RTC has exclusive jurisdiction to try and hear drug cases, regardless of whether the accused is a public official or not.
Solicitor General Jose Calida said the decision “further negates the erroneous perception that the government’s war on drugs is waged only against the unlettered and the underprivileged.”
The Liberal Party expressed regret over the decision.
“We understand that her camp will file a motion for reconsideration, and we trust that the magistrates will give the case a thorough second look and decide based on what is just and right,” said the LP in a statement.
In a separate statement, the minority senators said they believe that the Ombudsman has jurisdiction over De Lima’s case.
Malacañang on Tuesday declined to comment on the decision.
“That is within the Supreme Court’s purview, we leave it to them to address that,” Presidential Spokesman Ernesto Abella said in a Palace news briefing.
The decision means De Lima will remain in jail at the custodial center in Camp Crame.