SC decision vs De Lima’s plea surprises lawyer

Senator Leila de Lima’s legal counsel Florin Hilbay. FILE PHOTO / INQUIRER

The Supreme Court’s (SC) decision to dismiss Senator Leila de Lima’s plea to junk the illegal drug charges filed against her would set a dangerous precedent to other drug-related cases, the senator’s legal counsel said Tuesday.

Former Solicitor General Florin Hilbay said the court’s decision was “surprising” in the legal point of view, maintaining that the Muntinlupa Regional Trial Court should not have the jurisdiction over De Lima’s case.

“In the legal perspective of course it’s very surprising because the judge is without jurisdiction, she acted hastily and arbitrarily, we have the DOJ (Department of Justice) who doesn’t have jurisdiction and you have the SOJ (Secretary of Justice Vitaliano Aguirre II) himself considered the Ombudsman as having jurisdiction prior to the filing of the cases,” he said in a phone interview.

“Everyone is in danger because the DOJ, in their case, has been successfully concocting a case without any evidence,” he added.

Voting 9-6, the SC en banc ruled to reject De Lima’s motion to recall her warrant of arrest issued by the Muntinlupa Regional Trial Court.

READ: SC junks De Lima motion to recall arrest warrant

Under the same petition, the senator’s prayer to dismiss the illegal drug charges filed against her was also rejected.

Hilbay said De Lima’s camp would file a motion for reconsideration.

Should the High Court rule with finality on the case, Hilbay said they would face the charges before the RTC and it is upon the DOJ to prove the merits of its case against the senator.

“That’s the problem of the DOJ now, that’s their biggest problem, how do they prove a case without any [evidence],” he said. /jpv