Metro Manila (CNN Philippines) — Senator Leila De Lima on Friday arrived at the court not as a complainant – as when she was still Justice secretary prosecuting suspects. She stood accused before Muntinlupa Regional Trial Court (RTC) branch 204 Judge Juanita Guerrero who ordered her arrest on a drug charge.
De Lima is facing three separate charges in three branches of the Muntinlupa RTC, in connection with her alleged violation of Sections 5 and 28 of Republic Act 9165 or the Dangerous Drugs Act of 2002.
Section 5 penalizes the “sale, trading, administration, dispensation, delivery, distribution and transportation” of illegal drugs, while Section 28 imposes maximum penalties and perpetual disqualification from office for public officials who are found guilty of such unlawful acts.
Two of the cases were filed by anti-crime group Volunteers against Crime and Corruption (VACC), and former NBI officials Reynaldo O. Esmeralda and Ruel M. Lasala.
A third case, filed by the NBI against De Lima and 17 others, also includes drug trafficking, qualified bribery, and graft in its charges.
De Lima’s lawyers came prepared for the hearings–on a motion they filed to dismiss the charges–but left empty-handed.
The hearings in the three RTC branches only lasted for minutes. Not one of the three judges handling De Lima’s cases acted on her bid to dismiss the charges against her.
Guerrero has found herself questioned by de Lima’s lawyer, Teddy Rigoroso, for issuing an arrest warrant against the Senator while there’s a pending motion to quash.
Rigoroso pointed out Guerrero should not have issued the warrant–but should have first resolved the motion to dismiss the case.
However, Guerrero said she made a judicial determination of probable cause to issue an arrest warrant–and it’s perfectly legal for her to do so.
Volunteers Against Crime and Corruption lawyer Ferdinand Topacio agreed with Guerrero.
“Wala pong rule anywhere in the body ng rules sa korte na sinasabing dapat desisyunan muna yung motion to quash nila bago desisyunan yung probable cause,” Topacio said. [There is no rule of court saying the court should first resolve the motion to quash before it decides on the probable cause.]
Rigoroso also pointed out Guerrero should have gone over the records of the case before issuing a warrant – something that Guerrero said she did.
She even asked her staff to bring the voluminous records inside the court room – to prove that she read the documents.
But as far as De Lima’s lawyers are concerned, there’s really nothing in the case that will implicate the senator in the drug trade.
“Wala naman silang napakitang droga. Walang pinakitang pera. Di natin alam kung san sila nagbenta. Ano yung mga detalye ng pagbebenta nila at sinasabi lang nila na para kay Senator de lima daw yun,” Atty. Boni Tacardon, one of De Lima’s lawyers, said. [ They were not able to show drugs. There’s no money. We don’t know where the sold. What are the details of their sales while they were saying that it’s allegedly for Senator De Lima.]
Tacardon said they will definitely question the arrest warrant before the Supreme Court.
“The legal team is actually preparing a petition questioning the warrant,” said Tacardon.
The petition for certiorari questioning De Lima’s arrest will be filed next week.
From this, it will be up to the Supreme Court if it will grant any relief to De Lima.
Guerrero finally committed De Lima to the PNP custodial center, while the waiting game continues for the embattled senator.
Dayan visibly shaken
Ronnie Dayan, De Lima’s former driver-bodyguard and lover, and now her co-accused, will be temporarily detained at the Muntinlupa police station.
Upon his arrest, Dayan, who is accused of being De Lima’s bagman and of benefiting from illegal drug trade in the New Bilibid Prison, was visibly shaken, confused and vulnerable.
“Wala muna akong masasabi ngayon. Medyo magulo isip ko,” Dayan said. [I can’t say anything for now. I’m a bit confused.]
When questioned by the media, Dayan gave only despondent answers.
“Wala pa ako sa kundisyon mag-ano. Ngayon lang ako nagkaganito,” said Dayan. [I am in no condition to do this. It’s my first time to be in this kind of situation.]
Dayan’s sister, Loreta, was also distraught.
“Kaninang umaga? Siyempre malungkot siya. Umiiyak nga, humahagulgol nga siya kanina eh. Dahil nga yung mga anak niya naaalala niya,” Loreta said in a phone interview with CNN Philippines. [This morning? Of course, he’s miserable. He’s crying, almost howling. He’s thinking of his children.]
“Sabi niya sa akin matagal tayong hindi magkikita-kita. Baka hindi ko alam kung ilang taon ang bubuuin ko dito,” she added. [He told me, we might not see each other for a long time. I don’t know how many years I will be here.]
His relatives said they will visit him from time to time at the Muntinlupa City police station detention center.
Detention guards said Dayan will have his own cell at the detention center but Dayan said he would rather be jailed in his province, Pangasinan.
“Kung papayag sila, dun na lang sa BJMP (Bureau of Jail Management and Penology) San Carlos. At least malapit yung pamilya ko doon,” Dayan added. [If they will allow it, I’d prefer BJMP San Carlos. At least it’s near my family.]
CNN Philippines’ Claire Jiao and JC Gotinga contributed to this report.
