Former Solicitor General Florin Hilbay. INQUIRER FILE PHOTO
The Office of the Ombudsman should be given the opportunity to air its side on the question of jurisdiction over the drug charges against Senator Leila De Lima, former Solicitor General Florin Hilbay said Tuesday.
During Tuesday’s oral argument, Hilbay said the Department of Justice (DOJ) filed the case against De Lima before the Muntinlupa Regional Trial Court despite arguments raised by the senator that it was the Ombudsman, not the DOJ, that has jurisdiction over her.
“Considering that the DOJ’s action impairs the powers of a constitutionally-independent office, it might be appropriate for the Honorable Court to hear the position of the Office of the Ombudsman through a Comment or a Manifestation at the soonest possible time,” Hilbay said.
Hilbay pointed out that under the Ombudsman Act, the anti-graft body has “primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases.”
The former Solicitor General said that based on the charge sheet filed against De Lima, she should have been charged with direct bribery which is a bailable offense.
“However which way one looks at it, whether because of the nature of the offense (Direct Bribery or Illegal Drug Trading) and the salary grade of petitioner which is 31, way above the threshold of 27, such case can only be filed with the Sandiganbayan,” Hilbay said. JE
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