SC begins hearing De Lima’s petition against issuance of arrest order

admin   •   March 15, 2017   •   3360

FILE PHOTO: Senator Leila de Lima

FILE PHOTO: Senator Leila de Lima

The Supreme Court has begun hearing the petition of Senator Leila de Lima which aims to annul her arrest and detention for illegal drug trading charges.

During Tuesday’s oral arguments, De Lima’s lawyer, former solicitor general Florin Hilbay insisted that the Department of Justice (DOJ) and Muntinlupa RTC have no jurisdiction over the case.

Hilbay argued that the Ombudsman and Sandiganbayan are the ones that must handle the case since the allegation that De Lima demanded and extorted money from Bilibid drug lords happened when she was still the justice secretary.

Thus, DOJ should have referred the investigation to the Ombudsman.

“It is therefore unthinkable how the DOJ could have filed this case before the RTC, and how Judge Guerrero of RTC Muntinlupa could have possibly concluded that she had jurisdiction and issued the warrant of arrest with inexplicable haste,” Atty. Hilbay said.

Hilbay also noted the conflicting positions of the DOJ and the Office of the Solicitor General on the nature of the case.

READ: Senator De Lima declines to enter plea over “disobedience to summons” case

Prosecutors filed information for illegal drug trading before the Muntinlupa RTC but the SolGen in its comment to De Lima’s petition said the senator is being accused of conspiracy to commit illegal drug trading.

Hilbay said this is a violation of the senator’s constitutional right to defend herself because how can she do it when the charges against her are not clear.

He suggested that this is enough reason for the court to dismiss the case against De Lima.

“The shift from the charge of consummated drug trading under Sec.5 to mere conspiracy to trade drugs under Sec. 26 is the clearest admission that Sen. De lima is not a drug lord,” said Atty. Hilbay.  “The shift away from illegal drugs as the corpus delicti to mere agreement to trade in illegal drugs is a clear admission the government’s accusations are not supported by evidence.”

Some justices quizzed Hilbay on the prematurity of De Lima’s petition and possible violation of the rule on forum shopping.

This is because the petition was filed with the SC when De Lima has already pending motion and petition before the RTC and the Court of Appeals.

The oral arguments will resume next Tuesday. – Roderic Mendoza | UNTV News & Rescue

Next oral argument on anti-terror act to be held via videoconferencing, Supreme Court says

Robie de Guzman   •   April 8, 2021

MANILA, Philippines – The Supreme Court (SC) on Thursday said that the next oral arguments on petitions questioning the Anti-Terrorism Act of 2020 will be held virtually.

The SC Clerk of Court said the continuation of oral arguments will be conducted through videoconferencing with live audio streaming made available to the public.

“The technical details and the rules for the videoconferenced oral arguments pro hac vice shall be promulgated as soon as the Court En Banc is able to convene,” it said.

The Supreme Court earlier said that oral arguments on the anti-terror act will resume two weeks after the lifting of the enhanced community quarantine being enforced in Metro Manila and four nearby provinces.

Metro Manila and the provinces of Cavite, Bulacan, Laguna, and Rizal – collectively called NCR Plus – were initially placed under ECQ from March 29 to April 4 in a bid to curb the rise in COVID-19 cases.

The national government later extended the ECQ period to April 11.

The high court last held oral arguments session on March 2.

It previously suspended scheduled oral arguments on the anti-terrorism act due to COVID-related concerns.

The next session of proceedings will be presided by newly installed Supreme Court Chief Justice Alexander Gesmundo.

SC to resume oral arguments on anti-terror act to 2 weeks after ECQ is lifted in NCR+

Robie de Guzman   •   April 5, 2021

 

MANILA, Philippines — Oral arguments on petitions seeking to nullify the Anti-Terrorism Act of 2020 will resume two weeks after the enhanced community quarantine (ECQ) is lifted in the National Capital Region (NCR) Plus, the Supreme Court (SC) said Monday.

In an advisory, the SC Public Information Office said the oral arguments scheduled for April 6, Tuesday will be postponed.

“Oral Arguments on the consolidated cases in G.R. No. 252578, et al. questioning The Anti-Terrorism Act of 2020 (R.A. 11479) scheduled for tomorrow (April 6, 2021) is postponed and will resume two weeks after the ECQ is lifted in the NCR,” it said.

The Supreme Court last held oral arguments session on March 2.

This is the fifth time that the high court moved the oral arguments on the controversial law.

On March 8, the high court suspended the oral arguments on the Anti-Terrorism Act of 2020 after some justices went on self-isolation as a precaution against the viral disease.

The proceedings were supposed to resume on March 16 but were moved again to March 23 due to COVID-related concerns.

The NCR and four nearby provinces of Cavite, Bulacan, Laguna, and Rizal – collectively called NCR Plus – were initially placed under ECQ from March 29 to April 4 in a bid to curb the rise in COVID-19 cases.

The national government later extended the ECQ period to April 11.

SC Oral arguments on anti-terror law moved to April 6 over COVID-19 surge

Robie de Guzman   •   March 22, 2021

MANILA, Philippines – The fifth session of oral arguments on petitions against the country’s new anti-terrorism law has been rescheduled to April 6 following a surge in new coronavirus disease (COVID-19) infections, the Supreme Court (SC) said.

“Due to the alarming increase of COVID-19 cases, you are hereby informed… of the suspension of the oral arguments scheduled on March 23,” read a document released Monday by the SC Public Information Office.

The oral arguments will resume on April 6 at 2:30 p.m.

This is the fourth time that the SC moved the oral arguments on the controversial law.

On March 8, the high court suspended the oral arguments on the Anti-Terrorism Act of 2020 that was initially scheduled on March 9 after some justices went on self-isolation as a precaution against the viral disease.

The proceedings were supposed to resume on March 16 but were moved again to March 23 due to COVID-related concerns.

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