De Lima camp asks court to junk DOJ bid to amend drug case

The camp of Senator Leila De Lima has asked the Muntinlupa Regional Trial Court (RTC) to deny for “utter lack of merit” the bid of the Department of Justice (DOJ) to amend the drug trafficking case against the senator.

In a 17-page opposition, lawyers of De Lima said the DOJ, through the National Prosecution Service (NPS) is not simply amending the charges but substituting a new case.

Copies of the Information Sheet that indicate the first Information (left) before the proposed amendment, compared with the amended Information Sheet on the right. INQUIRER.net / Tetch Torres-Tupas

On February, 2017, De Lima, together with her nephew Jose Adrian Dera have been charged with a case for violation of the Dangerous Drugs Act, specifically Section 5 in relation to Section 3 (jj), Sections 26 (b) and 28.

Section 5 prohibits the “sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals.”

Section 3(jj) refers to trading of illegal drugs. On the other hand, Section 26 pertains to “any attempt or conspiracy” to import, sell, trade, administer, dispense, deliver, distribute and transport illegal drugs, and maintain a drug den, produce narcotics and cultivate sources of illicit substances, while Section 28 covers the criminal liability of public officials involved in the proliferation of narcotics.

However, the DOJ, last month filed an amended information asking the court to instead charge the two of conspiracy to sell, trade illegal drugs.

The DOJ opted to amend the information after Solicitor General Jose Calida, during the oral argument at the Supreme Court, said De Lima should have been charged for violation of Section 26 of Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002, instead of violation of Section 5 of the said law.

In their opposition, the camp of De Lima explained that the crime of “conspiracy to trade drugs” is distinct and different from the offense of “drug trading.”

“The evidence sufficient to justify a conviction for ‘conspiracy to trade drugs’ cannot be enough to support a guilty verdict for ‘drug trading.’”

“The two (2) offenses are not the same where ‘conspiracy to trade drugs’ is separately criminalized under Section 26 of RA 9165, while ‘drug trading’ is penalized under Section 5 of the same law. The operative act in ‘conspiracy to trade drugs’ is the agreement and decision to commit the crime; while the gravamen in ‘drug trading’ is the trafficking of dangerous drugs, precursors or essential chemicals with the use of electronic devices, or with the facilitation of a broker,” read the Senator’s opposition.

In its amended Information (charge sheet), the DOJ changed the accusation from trading to conspiracy to trade illegal drugs. In describing the nature of the allegation, the DOJ inserted the phrase “did then and there decide and agree to commit illegal drug trading.” The composition of the panel who decided to charge the senator is also different.

In the original complaint, members of the panel include Senior Assistant State Prosecutor Peter Ong, Senior Assistant City Prosecutors Alexander Ramos, Leila R. LLanes, Evangeline Viudez-Canobas and Assistant State Prosecutor Editha Fernandez.

But in the amended complaint, the panel member have increased with the inclusion of Senior Assistant City Prosecutors Ramoncito Bienvenido Ocampo Jr., Lea D. Llavore, Senior Assistant State Prosecutor Alexander Suarez, Assistant State Prosecutor Aristotle Reyes, Associate City Prosecutors Laurence Joel Taliping, Rudy Ricamora Jr. and Associate Prosecution Attorney II Wendell Bendoval.

The De Lima camp said the DOJ failed to explain why they the composition of the investigating panel changed or why was the accusation amended.

They added that the Senator was not given the opportunity to respond.

“The right of accused De Lima to be informed of the nature and cause of the accusation against her was definitely violated,” the opposition stated. /jpv

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