De Lima asks SC to reconsider decision on ICC oral argument

In a 12-page motion for reconsideration (MR) dated Aug. 16, 2018, de Lima sought for a reconsideration of the SC denial of her plea to join the oral argument. (File photo: Senate of the Philippines/Facebook)

MANILA — Detained Senator Leila de Lima has asked the Supreme Court to reconsider its decision not to allow her to participate in the oral argument on a petition seeking to invalidate the Philippine government’s withdrawal from the Rome Statute of the International Criminal Court (ICC).

In a 12-page motion for reconsideration (MR) dated Aug. 16, 2018, de Lima sought for a reconsideration of the SC denial of her plea to join the oral argument.

De Lima said she is not asking for temporary liberty or bail but a mere travel from the Philippine National Police (PNP) Custodial Center in Quezon City to the Supreme Court’s Session Hall in Manila and back, depending on the duration of the court proceedings.

The motion also said for all intents and purposes what she is asking is a furlough which was also brought before the branches of the Regional Trial Court of Muntinlupa where the same requests for furlough remain unacted.

“She is not asking for special treatment. She is not asking for this Court to disregard much less violate, the State’s interest to continue to keep in detention the accused in non-bailable case,” the motion read.

In a manifestation, Minority Leader Franklin Drilon, and Senators Francis Pangilinan, Paolo Benigno Aquino IV, Risa Hontiveros, and Antonio Trillanes IV have allowed de Lima to argue on their behalf given her knowledge on the matter.

Last August 7, the high court, in denying De Lima’s request said her capacity to appear for herself must yield to the fundamental restrictions on her liberty borne by her current detention.

In dismissing de Lima’s plea, the SC said it found no compelling reason for her to personally appear during the conduct of oral arguments.

The Court noted that the senator, currently detained for her alleged involvement in illegal drug trade, failed to raise circumstances or competencies exclusive to her that would make her appearance necessary.

Last August 13, the High Court deferred the oral arguments from August 14 to August 28 on the consolidated petitions filed by six opposition senators and the Philippine Coalition for the International Criminal Court (PCICC), led by former Commission on Human Rights chairperson Loretta Ann Rosales.

On March 14, President Rodrigo Duterte announced the Philippines’ withdrawal of its ratification of the Rome Statute, a United Nations treaty creating the ICC.