De Lima stays in jail as Supreme Court votes 9-6 to dismiss her plea

October 10, 2017

Senator Leila de Lima's bid for freedom was dismissed by the Supreme Court which voted 9-6 on Tuesday to dismiss her petition for lack of merit.

In its en banc session, the SC upheld the validity of the warrant of arrest against her and her indictment before the Muntinlupa Regional Trial Court for allegedly taking part and benefiting from illegal drug trade inside the New Bilibid Prison.

In a decision by Associate Justice Presbitero Velasco Jr., the High Tribunal said the Muntinlupa court TC has jurisdiction over drug charges against De Lima, who is confined at Philippine National Police Custodial Center.

"The exclusive original jurisdiction of the RTC over violations of 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 decision stressed.

Velasco earlier rejected the plea of De Lima for his inhibition due to alleged "conflict of interest" over his "prior actuations" in the case of convicted drug lord German Agojo, a witness against the senator in the drug cases.

The justices who concurred with the ruling were Associate Justices Teresita Leonardo-De Castro, Diosdado Peralta, Lucas Bersamin, Mariano Del Castillo, Samuel Martires, Noel Tijam, Andres Reyes and Alexander Gesmundo.

The dissenters were Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio and Associate Justices Estela Perlas Bernabe, Marvic Leonen, Francis Jardeleza and Benjamin Caguioa. DMS