Solicitor General Jose Calida. GRIG C. MONTEGRANDE / Philippine Daily Inquirer FILE PHOTO
Solicitor General Jose Calida has disputed a claim of jailed opposition Sen. Leila de Lima that her arrest on drug trafficking charges was politically motivated, arguing that freeing President Duterte’s top critic “would set a bad example.”
“(T)he supposed existence of a political motive does not warrant the filing of the present petition before this court,” Calida told the Supreme Court in a 98-page memorandum.
“Any allegation that the filing of the charge is politically motivated cannot justify the prohibition of a criminal prosecution if there is probable cause to support the charge,” he said.
The primary state counsel urged the 15-member tribunal to junk De Lima’s petition for certiorari questioning the jurisdiction of the Department of Justice (DOJ) to handle the criminal complaint against her and the authority of Judge Juanita Guerrero of the Muntinlupa City Regional Trial Court Branch 204.
He argued that the senator was not “entitled to special treatment from the court” and that her reasoning was “unfortunately baseless” because it did not support her allegation that Guerrero committed grave abuse of discretion when she ordered De Lima’s arrest in February.
De Lima had sought the high court’s intervention to order her release from the Philippine National Police Custodial Center in Camp Crame and to void the arrest warrant issued against her by Guerrero.
READ: De Lima arrives at Camp Crame after arrest
She said the criminal complaint lodged against her by the DOJ was only intended to “satisfy” Mr. Duterte’s “lust for vengeance” against her.
But Calida said De Lima should not be given judicial reprieve since her petition was replete with “fatal infirmities” for flouting established court procedures, including forum shopping and the principle of the hierarchy of courts.
Calida insisted that De Lima should be indicted for “conspiracy to commit illegal drug trading” as defined under Section 26(b) of the Comprehensive Dangerous Drugs Act.
However, the DOJ recommended her indictment for violation of Section 5 of said law, which refers to actual trading of illegal drugs.
READ: LOOK: DOJ resolution on drug raps vs De Lima