The Supreme Court on Tuesday denied the request of Senator Leila De Lima to allow her to participate in the upcoming oral argument regarding the minority senators’ petition questioning the Duterte administration’s unilateral withdrawal from the Rome Statute (International Criminal Court membership).
The oral argument is set on Aug. 14.
Voting 10-2, the high court said there is “no compelling reason to have Senator De Lima personally appear during the conduct of oral arguments.”
The high court said Senator De Lima’s capacity to appear for herself must yield to the fundamental restrictions on her liberty borne by her current detention “and that, in any case, it does not appear that she and her co-petitioners’ cause would be prejudiced by another counsel appearing in her place.”
Only acting Chief Justice Antonio Carpio and Francis Jardeleza dissented from the main ruling.
“De Lima did not, at any time, plead circumstances or competencies exclusive to her which make her appearance to the exclusion of her co-petitioners imperative and indispensable,” the high court added.
De Lima is currently detained at the Philippine National Police’s (PNP) Custodial Center in Camp Crame for several counts of violation of the Comprehensive Dangerous Drugs Act pending before three courts in Muntinlupa City.
De Lima, together with minority senators Francis “Kiko” Pangilinan, Bam Aquino, Franklin Drilon, Antonio Trillanes IV and Risa Hontiveros earlier asked the high court to declare as ineffective the Philippine government’s withdrawal from the Rome Statute.
The high court reminded the parties that subject of the oral argument are “intensely, politically-charged matters” that all parties should be “tactful and sober and to refrain from any posturing that may detract from a dispassionate, level-headed resolution.” /vvp
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