THE Supreme Court will hear today the arguments of the Office of the Solicitor General which is mandated by law to defend the validity of the Muntinlupa City Regional Trial Court issuance of warrant of arrest against now detained Senator Leila de Lima and the appropriate charges filed by the Department of Justice against her.
Solicitor General Jose Calida will face the 15-member bench during the continuation of the oral arguments today on De Lima’s petition seeking her release, saying he will justify the legality of her detention.
The chief state lawyer stressed he would ask the SC to deny the plea of the beleaguered senator to be released from detention, while facing drug trafficking cases in the Muntinlupa City RTC by issuing a status quo ante order on the arrest warrant against her.
Calida argued there was no unmistakable right of the senator being violated to warrant the issuance of the TRO.
Calida serves as counsel of Judge Juanita Guerrero of Muntinlupa City RTC, Branch 204, who issued the arrest warrant against De Lima, and Philippine National Police officials named as respondents, in De Lima’s petition.
According to the Solicitor General, De Lima’s case was not an exemption to the general rule that criminal prosecutions may not be stayed or restrained.
Calida warned the Court that granting De Lima’s plea would be tantamount to deciding on the pending criminal case against her before the trial court when a full-blown trial was necessary to determine De Lima’s guilt for the drug charges against her.
The Solicitor General also vowed to dispute the jurisdiction issue raised by De Lima in her petition, saying drug cases fell exclusively within the jurisdiction of RTCs and not the Sandiganbayan as the senator had insisted.
In an earlier manifestation, Calida questioned the validity of De Lima’s petition as he accused her of faking a certification and violating the rule requiring her to personally sign on the petition before a notary public.
In the first two hearings, lawyers of De Lima led by former solicitor general Florin Hilbay presented their arguments before the SC.
They argued the RTC had no jurisdiction over the case that should have been forwarded to the Office of the Ombudsman instead.
Hilbay also stressed the allegations against De Lima did not actually constitute sale and trading of illegal drugs and liability of government officials under Republic Act 9165 (Comprehensive Dangerous Drugs Act), but rather only direct bribery.
Petitioner stressed that under the law, such charges should fall under the jurisdiction of the Sandiganbayan – not the RTC – because her position at that time was Secretary of Justice which had a salary grade higher than 27.
Several judges have also raised procedural questions, questioning De Lima’s camp for ignoring the hierarchy of courts and filing a premature petition before the SC as the RTC had yet to resolve her motion to quash charges.