De Lima’s blunder was failing to answer complaints, says Aguirre
Justice Secretary Vitaliano Aguirre II (Photo by JOAN BONDOC/Philippine Daily Inquirer)
Sen. Leila De Lima committed a huge blunder by not responding to the drug complaints filed against her before the Department of Justice.
Justice Secretary Vitaliano Aguirre II said the senator had been given an opportunity to respond to the criminal complaints filed against her but she chose to instead question the jurisdiction of the DOJ.
De Lima told the DOJ panel of prosecutors that the Office of the Ombudsman – not the DOJ – has exclusive jurisdiction on complaints filed against her.
“Senator De Lima and her lawyers made a huge blunder in questioning the DOJ’s jurisdiction through a motion instead of submitting a counter-affidavit,” Aguirre said.
He said De Lima could have incorporated her argument on lack of jurisdiction in her counter-affidavit. At the same time, she could have answered point by point the allegations that she benefited from the drug transactions inside the New Bilibid Prison (NBP).
“She waived her right to file a counter-affidavit,” Aguirre said. “She relied on the legal point that the DOJ has no jurisdiction [to handle the case against her].”
He said the case was filed in court based on the evidence submitted by the complainants, include the National Bureau of Investigation (NBI), two former NBI officials, and the Volunteers Against Crime and Corruption (VACC).
“You can already expect the court’s finding of probable clause,” Aguirre said.
On the issue of detention venue, Aguirre said, if De Lima would reject the offer of Director Genera Ronald de la Rosa, chief of the Philippine National Police (PNP), or if would refuse to be detained at the Armed Forces of the Philippines (AFP), then the regular procedure should be followed: She would be detained at the Muntinlupa City Jail.
The Muntinlupa Regional Trial Court had already issued a warrant for her arrest for violation of the Comprehensive Dangerous Drugs Act of 2002. /atm
