DOJ to abide by court decision on De Lima furlough bid

Senator Leila de Lima.
INQUIRER FILE PHOTO / GRIG C. MONTEGRANDE

The Department of Justice (DOJ) will respect the court decision on whether to allow detained Senator Leila de Lima to participate in Senate sessions particularly in the deliberations and voting of critical measures, an official said Tuesday.

De Lima, who is facing cases for violation of the Comprehensive Dangerous Drugs Act in three branches of Muntinlupa courts, is requesting a furlough to participate in the deliberation and voting on several pieces of legislation.

READ: De Lima seeks furlough to vote for Senate bills

De Lima, in a letter to Senate President Aquilino Pimentel III, asked for his support for her to be occasionally granted furlough by the court for purposes of voting on crucial pieces of legislation adding that it was her only recourse since the Supreme Court had previously ruled that detained lawmakers should not be given the privilege of attending all legislative sessions and hearings.

De Lima said she also has yet to be convicted by the court nor stripped of her post.

Justice Undersecretary Erickson Balmes said it is up for the Muntinlupa Court to deny or grant De Lima’s request.

“The matter is for the court, which now has jurisdiction over Senator De Lima, to decide. The DOJ respects the rule of law and the separation of powers of the branches of government,” Balmes told reporters. Justice Secretary Vitaliano Aguirre is with President Rodrigo Duterte for his official visit in Moscow, Russia.

Balmes said that the DOJ is ready to comment on de Lima’s move if it is required by the court to do so.

“We have asked our legal staff to look into law and the prevailing jurisprudence on the matter so that if our comment is asked by the court, we can comply. For now, it is still under study,” Balmes noted.

Earlier, Aguirre said that they will oppose any move of De Lima to attend Senate deliberations, including the hearing on the administration’s plan to revive the imposition of the death penalty.

Aguirre said it is within De Lima’s right to ask the Muntinlupa court to allow her to leave detention to participate in Senate deliberations.

“She can file it in court and it will be up to the court to decide but we will definitely oppose it,” the DOJ chief noted.

He pointed out that “once (one) is incarcerated, some of your rights and privileges are suspended. She’s in jail so why should she be entitled to what other senators are doing? If you’re jailed, your rights should be lesser,” Aguirre said. IDL/rga