DOJ submits for resolution 2nd NBI case vs De Lima
The Department of Justice (DOJ) submitted for resolution the second complaint by the National Bureau of Investigation (NBI) against Sen. Leila de Lima after she failed to respond to the case.
De Lima is facing a case for violation of Republic Act No. 9165 or the Dangerous Drugs Act of 2002 for receiving P8 million drug money from self-confessed drug peddler Kerwin Espinosa.
The senator, through her lawyer Filibon Tacardon, questioned the jurisdiction of the DOJ panel of prosecutors led by senior assistant state prosecutor Peter Ong in handling the case against her.
In her omnibus motion, De Lima said only the Ombudsman had jurisdiction over public officials like her. She also asked the panel to inhibit from handling the case.
“If ever my motion will be denied, then we can take the necessary legal steps by preparing the counter-affidavit of Senator De Lima or raising the matter on appeal,” Tacardon said.
But Ong said if Espinosa would no longer revise his affidavit, there would no longer be any changes to the case.
“Then we will proceed to resolve the case,” Ong said.
Tacardon sought reconsideration and asked if the panel deemed waived the right of the senator to submit her response to the NBI’s complaint.
According to Ong, under Rule 112 of the Rules on Criminal Procedure, the respondent is required to submit a counter-affidavit.
“Under Rule 112, respondent is required to file his or her counter-affidavit. What you filed is not a counter-affidavit [but an Omnibus motion]. You are aware of that [Rule 112], the good senator is aware of that as she has been secretary of justice,” Ong said.
“We have been using the Manual of Prosecutors during her time and the criminal procedure has not been amended long before she became justice secretary and after her term at the DOJ,” Ong added.
Aside from De Lima and Espinosa, also included in the NBI complaint is De Lima’s former driver and boyfriend Ronnie Dayan./rga
