Legal remedies for De Lima’s case tackled at oral argument

Former Solicitor General Florin Hilbay. INQUIRER FILE PHOTO

“Why is this case special,” Supreme Court Associate Justice Marvic Leonen asked former Solicitor-General Florin Hilbay, counsel for Senator Leila De Lima.

De Lima asked the high court to nullify the arrest order issued by Muntinlupa Regional Trial Court Branch 204 Judge Juanita Guerrero, citing lack of jurisdiction.

The Senator insisted that the Ombudsman – not the Department of Justice (DOJ), the Sandiganbayan and the RTC – has jurisdiction over her.

During Tuesday’s oral argument, Leonen said “the danger here is we might be creating a precedent where everyone will come to the Supreme Court for a special remedy.”

“If it can be used for Sen. De Lima, it can be used for anybody,” he said.

Aside from Leonen, other Associate Justices including Presbitero Velasco and Diosdado Peralta also asked Hilbay if De Lima filed a motion to quash the arrest warrant.

The counsel said a motion to quash the information is pending before the Muntinlupa courts.

Velasco said with the pendency of the motion before the lower court, the petition before the high court “is too premature in my reading.”

“Why can’t we wait for the resolution of the Muntinlupa court [to rule on your motion],” Velasco said.

Peralta, on the other hand, said that while he agrees with Hilbay that the case may be of transcendental importance, De Lima’s camp is committing forum shopping or the seeking of similar reliefs in several courts.

“You have a lot of remedies when the case was filed with Judge Guerrero. You should have availed of all the remedies before coming here,” Peralta said.

Associate Justice Teresita Leonardo-De Castro, on the other hand, said that the RTC can try cases against high ranking officials as long as the cases do not involve public funds or bribery in relation to public office.

A former presiding justice of the Sandiganbayan, De Castro explained that the amendments in the charter of the anti-graft court were precisely meant to limit its jurisdiction and pass to the RTCs other cases against government officials.

Oral argument will resume next Tuesday.