MANILA, Philippines — In his dissenting opinion, Senior Associate Justice Antonio Carpio enumerated the essential elements of an illegal drug trading case, which Sen. Leila de Lima is facing.
To establish a case, the buyer and seller must be identified, the kind of illegal drugs and the transaction must be confirmed.
These were absent in the case of De Lima which also said that she received P10-million drug money and a P100,000 weekly “tara” or grease money from each of the high profile inmates in the New Bilibid Prison.
For Justice Carpio, the charge against De Lima is fake and pure invention and it will be a gross injustice if the court will allow her continued detention.
He said that the Sandiganbayan, not the RTC should try the case since the allegations happened when De Lima was still the DOJ secretary.
Chief Justice Maria Lourdes Sereno agrees that De Lima’s arrest must be nullified and let the Ombudsman handle the investigation.
Associate Justices Estela Perlas-Bernabe, Marvic Leonen and Alfredo Benjamin Caguioa said the Muntinlupa RTC should have dismissed the case.
For Justice Bernabe, the RTC has no jurisdiction and Judge Guerrero has no choice but to dismiss the case.
Justice Leonen noted that De Lima is a vocal critic of the Duterte administration and the charge is only meant to silence the senator.
Justice Caguioa said Judge Guerrero gravely abused her discretion and it is only right for De Lima to seek remedy with the Supreme Court.
For Justice Francis Jardeleza, the RTC judge violated De Lima’s rights when she ordered the arrest without first resolving the question her jurisdiction in the case.
De Lima can still seek a reconsideration of the high court’s decision.
But two justices need to change their position to reverse the ruling in her favor. — Roderic Mendoza | UNTV News & Rescue
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