Aguirre: DOJ probed gov’t officials during De Lima’s time

Sen. Leila de Lima and Justice Secretary Vitaliano Aguirre (INQUIRER PHOTOS)

Justice Secretary Vitaliano Aguirre II on Wednesday said he was only following what Sen. Leila de Lima did when she, as secretary of justice, conducted preliminary investigations against public officials who supposedly should be under the jurisdiction of the Ombudsman.

De Lima, who was slapped with an illegal drugs complaint along with seven others by the Volunteers Against Crime and Corruption (VACC), had said the Ombudsman, not the Department of Justice (DOJ), had jurisdiction on her case considering her position and salary grade.

READ: Anticrime group sues De Lima

Aguirre, however, said during De Lima’s stint as justice secretary, she conducted preliminary investigations on cases against public officials like former President and now Pampanga Rep. Gloria Macapagal-Arroyo on the PCSO scam and Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon “Bong” Revilla Jr. on the pork barrel scam.

“Hindi na bago kay Senator De Lima yan. The DOJ, during her time, conducted so many preliminary investigations on cases which are cognizable by the Ombudsman like the PCSO and PDAF cases,” Aguirre said.

“Bakit hindi nya finorward sa Ombudsman during her time tapos ngayon wala na sya, dito ayaw nya dito? Kaya hindi mo malaman kay Senator De Lima,” he said.

Aguirre added that even the lookout bulletin order was questioned by De Lima when the practice began when she was at the helm of the justice department.

Once they conclude the preliminary investigation, like De Lima did at the DOJ, Aguirre said they would forward it to the Office of the Ombudsman, which had primary jurisdiction over the case.

For his part, VACC’s counsel Ferdinand Topacio said De Lima’s statement only showed her desperation and lack of knowledge of legal processes.

“She seems ignorant of the fact that in the case of Honasan v Panel of Prosecutors (G.R. No. 159747, 13 April 2004), the Supreme Court has held that the DOJ has concurrent jurisdiction in recognizing cases against public officers involving violations of penal laws. In simple terms, for the benefit of Senator De Lima, it means that a case against her may be validly and properly filed before the DOJ,” Topacio said in a statement.

He said De Lima might be banking on the memorandum of agreement executed on March 29, 2012, where the DOJ allowed the Ombudsman to have jurisdiction over certain criminal complaints, but he explained that such agreement could not supersede Section 15 (1) of Republic Act No. 6770 or the Ombudsman Act which did not grant exclusive jurisdiction to the Ombudsman over cases involving public officials and likewise did not divest the DOJ of its general jurisdiction to conduct preliminary investigation of cases.

“This MOA is illegal and void and I accuse Senator De Lima and the current Ombudsman of formulating the said MOA to protect the political allies of then President Aquino by restricting the jurisdiction of the DOJ and transferring it exclusively to the Ombudsman. Jurisdiction is conferred by law and cannot be the subject of an agreement,” he added.

Last Tuesday, the VACC filed before the DOJ charges of violation of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act against De Lima, former Justice Undersecretary Francisco Baraan III, former Bureau of Corrections chief Franklin Bucayu, De Lima’s former aides Ronnie Dayan, Joenel Sanchez and Jose Adrian Dera, Bucayu’s alleged bagman Wilfredo Ely, and high-profile inmate Jaybee Sebastian.

They have been accused of conspiring to profit from the illegal drug trade inside the New Bilibid Prison.

VACC cited testimonies of witnesses in the House of Representatives inquiry on the proliferation of illegal drugs at Bilibid, saying De Lima “through her authority as the secretary of justice was able to put in position her cohorts at the BuCor to enable her to maneuver the drug trade.”

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