Calida, Hilbay face off at SC on De Lima case

Sen. Leila de Lima.(File photo by GRIG C. MONTEGRANDE/Philippine Daily Inquirer)

It will be a face-off between two solicitors general—past and present—when the Supreme Court hears on Tuesday the oral arguments on the petition of Sen. Leila de Lima to nullify the arrest order for illegal drug trading issued against her by the Muntinlupa Regional Trial Court (RTC) Branch 204.

Former Solicitor General Florin Hilbay confirmed on Twitter that he will be arguing for the embattled senator.

Hilbay served as the government’s top lawyer from 2014 to 2016 when De Lima was justice secretary. The Office of the Solicitor General is an attached agency of the Department of Justice (DOJ).

Hilbay was among the Philippine delegates that argued the country’s case against China before the United Nations Permanent Court of Arbitration.

An author and a professor at the University of the Philippines College of Law, Hilbay topped the 1999 Bar examination.

Hilbay will be arguing against Solicitor General Jose Calida, a former justice undersecretary during the time of former President Gloria Macapagal-Arroyo.

Calida was a former executive director of the Dangerous Drugs Board.

Calida boasted that he passed the 1973 Bar examination with a perfect score in criminal law after De Lima criticized him for having an “empty skull.”

Some of the issues that will be discussed during Tuesday’s oral argument are: whether De Lima is excused from compliance with the doctrine of hierarchy of courts; whether the Muntinlupa RTC Branch 204 Judge Juanita Guerrero committed grave abuse of discretion in issuing the arrest warrant against her; whether the regional trial court has jurisdiction over her case; and whether or not she is entitled to a restraining order.

Speaker Pantaleon Alvarez is the prosecution’s first witness against De Lima.

Alvarez, House Majority Floor Leader Rodolfo Fariñas and House committee on justice chair Reynaldo Umali have filed the complaint against the senator for violation of Article 150 of the Revised Penal Code for disobedience to summons after she ignored Congress’ invitation to attend the investigation on the proliferation of illegal drugs inside New Bilibid Prison (NBP).

Quezon City Metropolitan Trial Court (MTC) Branch 34 Judge Ma. Ludmila D. Pio-Lim set the trial proper on April 26, when Alvarez is required to appear.

Aside from Alvarez, Fariñas and Umali are also expected to testify. The DOJ said it has six other witnesses to testify against the senator.

De Lima is also expected to appear on April 26 as the court requires her presence in every hearing.

De Lima on Monday refused to enter a plea before the Quezon City Metropolitan Trial Court on allegations of ignoring summons from Congress and stopping her former driver and boyfriend Ronnie Dayan from attending the House inquiry on the proliferation of illegal drug trade inside NBP.

Quezon City MTC Branch 34 Judge Ma. Ludmila D. Pio-Lim entered a not guilty plea on behalf of the senator.

Among the evidence provisionally marked by the prosecution include the House subpoena, show cause order, order of contempt and the photocopy of De Lima’s supposed text message to Dayan’s daughter advising him not to attend the congressional inquiry on the proliferation of illegal drugs in NBP.

On the other hand, De Lima’s camp has marked as evidence the House subpoena, counter affidavit and transcript of stenographic notes of the congressional hearing. De Lima is its sole witness. —WITH A REPORT FROM JOVIC YEE