THE Supreme Court (SC) has rejected the petition filed by Sen. Leila M. de Lima that seeks the dismissal of drug charges lodged against her and be released from detention.
SC Spokesman Theodore O. Te said the 15-man High Tribunal voted 9-6 to deny de Lima’s petition for lack of merit.
As a consequence, de Lima will have to remain in detention at the Camp Crame Custodial Center while her three drug cases are being heard by three separate branches of the Regional Trial Court (RTC) in Muntinlupa City.
This would also strip the Office of the Ombudsman of the jurisdiction to prosecute de Lima as the duty now belongs to the prosecutors of the Department of Justice (DOJ).
The Court junked the claim of de Lima that it is the Sandiganbayan and not the RTC that has jurisdiction over the cases against her, since her position at that time was secretary of justice which has salary grade higher than 27.
The SC noted that the exclusive original jurisdiction of the RTC over violations of Republic Act (RA) 9165 is not transferred to the Sandiganbayan whenever the accused occupies a position classified as Grade 27 or higher, regardless of whether the violation is alleged to have been committed in relation to the office being occupied.
“The Sandiganbayan’s jurisdiction is limited to violations of the anti-graft laws and do not extend to violations of the drugs law,” the SC held.
The Court explained it is the RTC that has jurisdiction over the information that charges de Lima with violation of Section 5 and Section 28 of RA 9165.
“The Court did not agree with petitioner’s characterization of the offense as ‘direct bribery’ under the Revised Penal Code, but maintained that the allegations in the information are sufficient to characterize the offense as a violation of the Dangerous Drugs Act [RA 9165]. For this reason, the Court pointed out that RA 9165 specified only one court with jurisdiction to try offenses under the law, the Regional Trial Court,” the SC said.
The SC also held that there was no grave abuse of discretion on the part of Muntinlupa City Regional Trial Court Branch 204 Presiding Judge Juanita Guerrero in finding probable cause to order de Lima’s arrest.
It said that the judge was not obliged to first resolve de Lima’s motion to quash before issuing a warrant of arrest.
“The Court noted that there is no rule of procedure, statute or jurisprudence to support this claim,” the SC said.
Those who voted against de Lima were Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Samuel Martires, Noel Tijam, Andres Reyes and Alexander Gesmundo.
On the other hand, those who voted in favor of granting de Lima’s petition were Chief Justice Maria Lourdes A. Sereno, Senior Associate Justice Antonio T. Carpio, Associate Justices Estela Perlas Bernabe, Francis Jardeleza, Marvic Leonen and Benjamin Caguioa.
De Lima is facing cases for violation of the Comprehensive Dangerous Drugs Act in three branches before the Muntinlupa courts for allegedly benefiting from the drug trade inside the New Bilibid Prisons during her stint as justice secretary.