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Saturday, September 21, 2024

De Lima should fiscalize herself first

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Senator Leila de Lima has finally acknowledged her role as the defender of her former boss, ex-President Benigno Aquino III.  Last week, De Lima decried the cases filed against Aquino for his misuse of the controversial Development Acceleration Program funds, and for his mismanagement of the infamous Mamasapano mission which resulted in the massacre of 44 policemen in Maguindanao.  According to De Lima, the cases are either politically motivated or designed to harass Aquino.

De Lima may not realize it, but she just gave herself away.

Since Aquino’s lawyers have not received a copy of the complaint, it is unlikely that De Lima acquired one before they did.  This means that De Lima already pre-judged the cases against Aquino in favor of the latter.  Such behavior is unbecoming of a former justice secretary who, as a quasi-judicial officer who evaluates appeals from criminal prosecutions, is expected to evaluate both sides of a case judiciously before arriving at a conclusion.   

Since de Lima herself is in the mood for sweeping conclusions, then the conclusion that de Lima pre-judged the cases filed in the Department of Justice during her watch appears warranted.

Moreover, de Lima should refrain from evaluating Aquino’s cases because she lacks the requisite impartiality to make a fair evaluation.  Aquino, after all, is her ex-boss.

Aquino does not seem interested in seeking public office in the predictable future.  Being so, why does de Lima insist that the cases filed against Aquino as ex-president are politically motivated?       

Days prior to his compulsory departure from Malacañang, Aquino announced that he was not afraid of getting sued when he is no longer president.  Aquino also revealed that his lawyers would get back at those who would charge him in court.  Under such circumstances, how can de Lima say that the cases against Aquino are designed to harass the ex-president? 

Undoubtedly, de Lima is simply repaying her debt of gratitude to Aquino who appointed her to the DoJ, and who sponsored her senatorial candidacy under the pro-Aquino Liberal Party during the May 2016 polls.  

Under de Lima’s watch, the DoJ was one of the most inept government agencies.  Thanks to de Lima’s inexcusable failure to monitor the prisons under her jurisdiction, drug lords detained at the national penitentiary enjoyed extraordinary perks like air-conditioned cells, mobile phones, personal computers, firearms, restaurant-catered food, and liquor.

It was also during de Lima’s watch when the funds of the DoJ earmarked for a specific project were used for something else.  The Commission on Audit exposed this anomaly.

The backlog of cases in the DoJ under de Lima was horrible.  Any practicing lawyer will confirm that unless one has connections with de Lima, one’s petition in the DoJ will take years before it gets resolved.  When de Lima was at the helm of the DoJ, most cases were already moot and academic by the time the DoJ got to resolve them. 

Some time after the Philippines sued Communist China in the UN arbitration court in Holland after Beijing made illegal territorial claims in the West Philippine Sea, President Aquino sent a Philippine delegation to Holland to attend the initial hearing there.  The team was led by the Solicitor General, the Secretary of Foreign Affairs, and the Secretary of National Defense.     

Nonetheless, many government officials identified with President Aquino got themselves included in that delegation.  The list includes de Lima, who was the justice secretary at that time.    

Actually, de Lima had no business being in that delegation. She had no role in the arbitration case itself, because the Philippines was adequately represented in the case by the Solicitor General and several American lawyers hired by Manila for their expertise in International Law.  Since de Lima is not an expert in International Law, she must have gone sight-seeing in Holland at government expense.  Her penchant for overseas trips paid for by taxpayers money probably explains the backlog of cases in the DoJ during her watch.

Last year, the Iglesia ni Cristo religious sect organized a mammoth protest rally against de Lima outside the DoJ head office in Manila, and later at the intersection of Edsa and Shaw Boulevard in Mandaluyong.  The INC demanded de Lima’s resignation for her alleged undue interest in a case involving an INC minister, but de Lima refused to budge. 

President Aquino eventually intervened, and after a closed-door meeting ensued between Malacañang and the INC, the rallyists dispersed voluntarily.  Surprisingly, both sides claimed that they did not concede anything to the other side.  A curious public pressed de Lima for an explanation but she refused to do so.  Up to today, de Lima never explained to the public what happened.     

The foregoing anomalies notwithstanding, Aquino included de Lima in the list of LP senatorial candidates for the May 2016 polls. 

Despite her strained relations with the INC, de Lima still went to the INC head to seek his support for her senatorial bid.  Her visit was reported by the news media.

Although the INC did not support De Lima’s candidacy, she managed to win, placing last among the 12 winning candidates for senator.  Nonetheless, many voters find de Lima’s victory highly suspect in view of recent revelations that the automated canvass of the 2016 polls was rigged to favor candidates of the LP. 

Last week, de Lima announced to the media that she would fiscalize the Duterte administration for its alleged disregard for human rights. More specifically, de Lima said she would protect civil liberties during the Duterte presidency.  She even told Duterte, “I am watching you.”    

Before de Lima appoints herself as a fiscalizer, she should fiscalize herself by explaining why numerous anomalies took place in the DoJ during her tenure as justice secretary.  Right now, what de Lima deserves, other than getting prosecuted in court herself, is to represent the hated LP in the Senate.

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