De Lima asks SC to nullify her arrest from alleged drug trafficking charges

February 27, 2017

Detained Senator Leila de Lima on Monday asked the Supreme Court to nullify an arrest warrant issued against her by a Muntinlupa City court, in connection with drug trafficking charges filed against her by the justice department.

In an 82-page petition, De Lima through lawyer Alexander Padilla sought a temporary restraining order or writ of preliminary injunction stopping proceedings before Branch 204 of  Judge Juanita Guerrero of the Muntinlupa Regional Trial Court.

She also asked for a status quo ante order seeking to restore the situation of the parties before the arrest warrant was issued .

De Lima said in petition Judge Guerrero committed grave abuse of discretion when she issued a warrant of arrest on February 23, 2017 without resolving her motion to quash information.

In the motion to quash, De Lima said the Sandigabanyan, not the Regional Trial Court, has jurisdiction over her offense allegedly committed  as she was justice secretary.

She said there is no substantive basis on record in finding probable cause against her.

“There is no allegation, much less proof from the records that would show that the criminal activities of the NBP inmates were participated in by the accused,” she said.

De Lima is detained at the Philippine National Police’s Custodial Center. DMS