Connect with us

News

Court junks De Lima plea to join Senate online proceedings

Published

on

In an order dated June 17 and released on Friday, RTC Branch 205 Judge Liezel Aquiatan, in denying de Lima’s motion, noted that the Senate rules cited by her counsels come into effect only in a public emergency. (File Photo: Senate of the Philippines/Facebook)

MANILA – The Muntinlupa Regional Trial Court (RTC) has denied for lack of merit the petition filed by Senator Leila de Lima to take part in Senate proceedings via video conferencing while under detention on drug charges.

In an order dated June 17 and released on Friday, RTC Branch 205 Judge Liezel Aquiatan, in denying de Lima’s motion, noted that the Senate rules cited by her counsels come into effect only in a public emergency.

In a motion filed on June 1, de Lima’s counsels asked that she be allowed to participate in the Senate sessions, committee hearings, and meetings via teleconferencing from her place of detention and order the Philippine National Police (PNP) Custodial Center to coordinate with the Senate and facilitate the teleconferencing system.

De Lima’s counsels claimed Senate Resolution No, 372 allowed all senators to participate via teleconferencing and that similarly recent Supreme Court rulings endorsing videoconferencing in court proceedings authorized this.

The Muntinlupa court, however, pointed out that said Section 22 of Rule XI of the Rules of the Senate authorizes videoconferencing only “when there is force majeure or occurrence of an emergency which may prevent the senators from physically attending the committee meetings or hearings”.

The said amendment to its rules by the Senate had been in response to the current state of public health emergency due to the coronavirus disease 2019 (Covid-19) pandemic.

“Force majeure or act of God, by generally accepted definition, is an extraordinary event not foreseeable or avoidable, an event that could not be foreseen or which, though foreseen, are inevitable. De Lima is prevented to attend the committee meeting or hearings due to her detention. Detention is not a force majeure,” the court ruled.

Prosecutors, in their comment opposing de Lima’s plea, had also cited a statement from the Senate disallowing then senators Bong Revilla, Juan Ponce Enrile and Jinggoy Estrada who were then under detention at the time to participate during the 16th Congress.

The Senate decision against the three was supported by a legal opinion issued by de Lima, who was then justice secretary.

Continue Reading
Click to comment

Leave a Reply

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

Maria in Vancouver

Headline1 week ago

A Day In My Life

There was a time when I thought a fulfilling life had to be busy to be meaningful. Now, I think...

Headline3 weeks ago

Letting Go with Love

There is a particular kind of heartbreak that comes with watching your child grow up. It isn’t the heartbreak of...

Headline1 month ago

Living With Anxiety: The Invisible Weight We Carry

There are illnesses we can see, and then there are the ones we learn to hide. Anxiety is often one...

Headline2 months ago

The Art of A Slow Weekend

We live in a world that glorifies being busy. Some people wear exhaustion like a badge of honour. Calendars are...

Headline2 months ago

Why We Chose an Intimate Wedding — And Why More Couples Are Doing the Same

Every wedding anniversary takes me back to one of the most magical days of our lives and reminds me why...

Headline3 months ago

Celebrating Turning 58

Birthdays have a way of making us pause—not to count the years we’ve lived, but to appreciate the countless blessings...

Lifestyle3 months ago

The Painful Reality of Losing Someone

Recently, I experienced the painful reality of losing someone through others. One friend lost her fiancé to death, while another...

Headline4 months ago

The Sobering Reality of Growing Old

Growing old brings a sobering reality: time is finite.  You watch your body slow down, see your parents age, and...

Lifestyle4 months ago

Dr. David Suzuki’s Legacy: A Celebration at 90

Celebrating Dr. David Suzuki’s 90th birthday on Friday, May 22  was a true privilege and a great pleasure! My husband,...

Lifestyle5 months ago

What I Know Now About Motherhood

Did you know that a mother’s cells can live in her child’s body for their entire lives? This fascinating phenomenon...