Connect with us

News

De Lima camp questions legality of arrest before SC

Published

on

The legal counsel of Sen. Leila de Lima on Monday filed an 82-page petition before the Supreme Court (SC) questioning the legality of her arrest.(Photo:  PTV/Facebook)

The legal counsel of Sen. Leila de Lima on Monday filed an 82-page petition before the Supreme Court (SC) questioning the legality of her arrest.(Photo: PTV/Facebook)

MANILA –The legal counsel of Sen. Leila de Lima on Monday filed an 82-page petition before the Supreme Court (SC) questioning the legality of her arrest.

In a press conference before the petition was filed, De Lima’s chief-of-staff, lawyer Philip Sawali, said the petition is a status quo ante order (SQAO) meant “to question the legality of the arrest order, arrest warrant and commitment order of Judge Juanita Guerrero of Branch 204 of Muntinlupa RTC (Regional Trial Court).”

Sawali said that De Lima raised three questions in her petition: (1) How Guerrero issued an arrest order immediately when there is still a pending motion to quash (2) Why the arrest order and arrest warrant did not follow procedural rules (3) How Guerrero determined probable cause when there is no allegation of crime.

In her petition, De Lima argued that Guerrero committed “grave abuse of discretion amounting to lack or excess of jurisdiction when she issued the order and the arrest warrant.” She said Guerrero’s acts violated her constitutional, legal and procedural rights.

De Lima said Guerrero also “acted with undue haste and inordinate interest” as her motion to quash, which she filed last February 20 has yet to be heard.

“Haste, when unduly applied in the context of the criminal justice system, such that it constitutes a blatant failure to respect and uphold a person’s fundamental rights, and to observe the guarantees enshrined in the Constitution to protect the rights of the accused, it results in something far more destructive, more pestilent and graver than mere imperfection,” she said in her petition.

De Lima’s motion to quash and motion of judicial determination of probable cause were filed arguing that it is the Ombudsman and eventually Sandiganbayan and not the court that has jurisdiction over her case.

The motion also argued that there is not enough evidence to prove the allegation of illegal drug trade and that the motions has to be resolved first by the court.

Despite the senator’s pending motion, Guerrero issued the arrest order against De Lima on February 23.

“There is a pending motion but she (Judge Guerrero) immediately issued the arrest order and it’s just one paragraph. No discussion about facts and law, no details on evidence or records,” Sawali said.

Padilla further said that procedurally and substantially, Guerrero had “no basis”.

De Lima’s spokesperson and lawyer Alex Padilla claimed the Department of Justice (DOJ) wanted the case to be filed at the court so that it would be a non-bailable offense.

Padilla further said the warrant did not indicate details such as what type of drugs were sold, how much they cost, who bought them among other details which the legal team found “defective”.

online pharmacy buy vidalista with best prices today in the USA

After the press conference, Sawali and Padilla joined supporters of De Lima in a march to the SC chanting “Free Leila”.

De Lima is currently detained at the Philippine National Police Custodial Center in Camp Crame. Her legal team says she is doing “fine” and that she has been “sleeping well.

online pharmacy buy addyi with best prices today in the USA

Continue Reading
Click to comment

0 Comments

  1. isperikitik

    February 27, 2017 at 5:45 PM

    this just show that among the agencies involve lead by the doj headed by aguirre… the only soj whose head sits millions of gesticulating strands of falsehood… there is conspiracy to silence the critics of the lex taliones controlled government lead by duterte and aguirre…

    but no dark forces of falsehood ever stood too long against the light of truth… no matter how insurmountable the odds may seem… truth shall prevail in the end… fight on senator…

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Lifestyle7 hours ago

Family Estrangement: Why It’s Okay

Family estrangement is the absence of a previously long-standing relationship between family members via emotional or physical distancing to the...

Lifestyle1 month ago

Becoming Your Best Version

By Matter Laurel-Zalko As a woman, I’m constantly evolving. I’m constantly changing towards my better version each year. Actually, I’m...

Lifestyle2 months ago

The True Power of Manifestation

I truly believe in the power of our imagination and that what we believe in our lives is an actual...

Maria in Vancouver3 months ago

DECORATE YOUR HOME 101

By Matte Laurel-Zalko Our home interiors are an insight into our brains and our hearts. It is our own collaboration...

Maria in Vancouver3 months ago

Guide to Planning a Wedding in 2 Months

By Matte Laurel-Zalko Are you recently engaged and find yourself in a bit of a pickle because you and your...

Maria in Vancouver3 months ago

Staying Cool and Stylish this Summer

By Matte Laurel-Zalko I couldn’t agree more when the great late Ella Fitzgerald sang “Summertime and the livin’ is easy.”...

Maria in Vancouver4 months ago

Ageing Gratefully and Joyfully

My 56th trip around the sun is just around the corner! Whew. Wow. Admittedly, I used to be afraid of...

Maria in Vancouver5 months ago

My Love Affair With Pearls

On March 18, 2023, my article, The Power of Pearls was published. In that article, I wrote about the history...

Maria in Vancouver5 months ago

7 Creative Ways to Propose!

Sometime in April 2022, my significant other gave me a heads up: he will be proposing to me on May...

Maria in Vancouver6 months ago

Why Eating Healthy Matters

We are what we eat, so don’t be fast, cheap, easy, or fake — we should take these words to...