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DoJ files no-bail drugs raps vs De5

By Julius Leonen

The Department of Justice (DoJ) filed yesterday three separate drug-trafficking complaints at the Muntinlupa Regional Trial Court (RTC) against Sen. Leila de Lima for her alleged role as a protector of the colossal narcotics trade at the New Bilibid Prison (NBP).
De Lima and seven others were accused of violation of Section 5 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 which penalizes the sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs.Justice Secretary Vitaliano Aguirre II said to his knowledge, the criminal cases filed against the accused are non-bailable.

“As far as I know, these kinds of cases are non-bailable, because if you are found guilty, the penalty is reclusion perpetua,” Aguirre said.
The arrest warrant on de Lima and the other accused is expected to be served on Monday.
“After the raffling of the cases on Monday, a warrant of arrest may be issued on the same day if there is clear probable cause,” Aguirre said.
Aguirre expressed confidence that they have constructed a strong case against the accused, insisting that the National Prosecution Service (NPS) would not file cases in court if the evidence is weak .
“The resolution would not be filed by the National Prosecution Service (NPS) if there is a possibility that (Sen. de Lima) would not be charged. We believe that she would be charged,” Aguirre said.
Aguirre added that once the arrest warrants have been served, the court may issue a Hold Departure Order (HDO) against the accused. As of now, only the Immigration Lookout Bulletin Order (ILBO) has been issued against the respondents.
De Lima, who has been branded by the Office of the Solicitor General (OSG) as the country’s Public Enemy number 1 for her alleged involvement in the proliferation of illegal drugs in the country, will soon face an arrest warrant later this week, Justice Secretary Vitaliano Aguirre said yesterday.
Others who have been charged with one count each of violation of the anti-narcotics law are former Bureau of Corrections (BuCor) Director General Franklin Jesus Bucayu, his alleged bagman Wilfredo Elli, NBP inmate Jaybee Sebastian, former National Bureau of Investigation (NBI) Deputy Director Rafael Ragos, and Sen. de Lima’s former aide Joenel Sanchez.
The charge sheets were filed at the Muntinlupa RTC following the issuance of the 52-page resolution signed by the five-member DoJ panel led by Senior Assistant State Prosecutor Peter Ong. He was joined by Assistant State Prosecutor Editha Fernandez, and Senior Assistant City Prosecutors Alexander Ramos, Leilia Llanes and Evangeline Viudez-Canobas.
According to the charge sheets, Sen. de Lima is facing three counts of illegal drug trading, while her co-accused ex-lover and former driver Ronnie Dayan and the senator’s nephew Jose Adrian Dera are facing two counts of the charges.
Justice Secretary Aguirre said that while the complaint against self-confessed drug lord Rolan “Kerwin” Espinosa was dismissed, he has ordered the NBI t launch a new probe into his illegal drug activities and other related offenses, citing his extra-judicial confession.
President Duterte said in Davao City that de Lima “will have to face the music” in the charges filed against her.
Duterte added he believes the cases against De Lima are strong and a product of months of case build up that involved several witnesses. “Filipinos already know her and her style,” he said.

Leila cries persecution
De Lima said the filing of the DoJ cases won’t stope her from condemning what she claimed as political persecution against her by the Duterte administration
“This is travesty of truth and justice. Plain and simple political persecution. I will fight this out for as long as I can. They can never break my spirit,” she said in a text message to reporters.
The senator said she has prepared herself to be the first political prisoner of the fascist regime of the present administration.
“Perhaps my looming imprisonment based on false charges filed against me by the DoJ, while Janet Lim Napoles’ release is being supported by the OSG (Office of the Solicitor General), is the wakeup call that our country needs,” she said.
“Change has indeed come and it has come to devour our sense of justice and morality where right is turned to wrong and wrong is made right,” the senator said.
De Lima said said she will continue the fight against the “fascist methods employed by this facist regime.”
“If the loss of my freedom is the price I have to pay for standing up against the butchery of the Duterte regime, then it is a price I am willing to pay. But they are mistaken if they think my fight ends here. It has only begun,” she said in a statement.
“This is the kind of vindictive politics that we only expect from this regime. We will continue to fight this battle and wage our own war for human rights and democracy. In the end, justice will prevail and we will be vindicated,” she added.
De Lima said they have long anticipated the filing of criminal charges against her which she believes are nothing less than a politically-motivated act by the administration to clamp down on any vocal opposition against its supposed policy on extrajudicial killings of suspected criminals and drug personalities.
“May lawyers are already on top of the situation and will be filing the corresponding motuins as soon as the cases are raffled to a specific branch,” she said.
The senator for almost a week now, has been anticipating her arrest as information that has reached her indicated the Department of Justice (DoJ) will file cases against her before a regular court and not the Ombudsman to supposedly expedite the issuance of a warrant for her arrest.
The filing of charges against her coincided with the report on the Court of Appeals (CA) ditching her petition to stop the DOJ from deciding on the criminal complaints against her in relation to her supposed involvement in the illegal drugs trade inside the NBP.

Probe Wu abduction — Aguirre
Aguirre has also ordered the NBI and requested the Philippine National Police (PNP) to probe the alleged kidnapping of the niece of NBP drug convict Wu Tuan Yan aka Peter Co, only known as Sally, together with her husband and other companions.
The resolution states that they were reportedly kidnapped “by elements of the PNP NCRPO Regional Anti-Illegal Drugs and Jose Adrian Dera” last March 2016.
In addition, the Justice Secretary has also instructed the NBI and the BuCor to probe the extortion activities of Danilo Rico Martinez, identified as a volunteer pastor at the NBP, alleged by inmate Froilan “Poypoy” Lacson Trestiza.
The resolution, however, stated that the DoJ panel dismissed the complaint filed against former DoJ Undersecretary Francisco F. Baraan III for insufficiency of evidence.
It was also stated in the resolution that the DoJ prosecutors have dismissed complaints against NBP drug convicts Herbert Colanggo, Engelberto Acenas Durano, Vicente Sy, Jojo Baligad and Wu Tuan Yuan aka Peter Co, explaining that they will serve as state witnesses.
The DoJ panel also indorsed to the Office of the Ombudsman the criminal complaints for violations of the RA 3019 or Anti-Graft and Corrupt Practices Act, RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees, and PD 46 or Act Punishing the Receiving and Giving of Gifts of Public Officials and Employees, and bribery and indirect bribery under the Revised Penal Code (RPC).
In a press briefing yesterday at NBI headquarters, Aguirre said the raffling of the cases that involve de Lima to determine the court which will handle the case will be conducted on Monday.
Aguirre said that once the case has been raffled, and if the RTC branch finds that there is clear probable cause against the accused, arrest warrants would then be issued against them.

CA denies TRO plea
De Lima failed to halt the DoJ probe into her alleged involvement in the country’s narcotics trade after the Court of Appeals (CA) denied the senator’s request for a temporary restraining order (TRO) against the DoJ.
Sen. de Lima last week trooped to the appellate court to restrain the DoJ from probing the case and to annul the DoJ proceedings for alleged “gross violation of her right to due process.”
In a three-page resolution dated February 10 but only released yesterday, the CA’s Special Sixth Division denied de Lima’s request for an injunctive writ, or what is also called a TRO or a preliminary injunction.
The CA ruling stated de Lima has failed to show in her petition how she would suffer irreparable loss if the CA refuses to grant her appeal to bar the DoJ from resolving the drug raps.
“Mere allegations of the existence of the above-named requisites, absent proof, cannot be the basis for the issuance of an injunctive writ,” the CA resolution stated.
Moreover, the CA added that the burden of proof is with de Lima. The appellate court, however, clarified that it has not yet decided on her petition for prohibition and certiorari.
In turn, the CA asked the respondents, the complainants, and the five-member DoJ prosecuting panel to comment on the senator’s petition within ten days upon receiving a copy of the resolution.
The appellate court also gave de Lima ten days to respond to the respondents’ comment regarding her petition.
The resolution was penned by Associate Justice Nina G. Antonio-Valenzuela. It was concurred by Associate Justices Romeo F. Barza and Edwin D. Sorsogon.
In response to the recent resolution by the Appeals Court denying the senator’s bid for a TRO, Aguirre called de Lima’s petition as “baseless.”
“It only means that her petition has no basis in fact and in law,” Aguirre said in a text message to reporters.
De Lima has been making media rounds this week crying foul in front of the press, stressing that there is an impending arrest warrant against her. The senator even said that she is ready to go jail as she has already packed her clothes.
Even the senator’s allies at the opposition Liberal Party (LP) launched a joint offensive against the Justice Department in what can be seen as an attempt to save her from embarrassment from a possible arrest.
Three LP senators last week insinuated that the DoJ may possibly be using spurious evidence against Sen. de Lima. They also claimed that the cases against de Lima are being used as “political tools, propaganda and smokescreen.”
In response, a furious Aguirre blasted what Mr. Duterte’s allies call as the “yellows” for making “irresponsible” statements against the DoJ.

Roque hits DoJ delay on raps
Before the DoJ filed the charges, Deputy Minority Leader Harry L. Roque had threatened to file a resolution to conduct an investigation on the delay in the DoJ’s filing of drug trafficking charges against de Lima.
“I want to file a resolution to look into the delay in the filing of cases against Senator de Lima. She really has to be jailed soonest less she wrecks further havoc in Philippine society,” Roque said.
“The DOJ should prove that there are no sacred cows, even if that cow is a former secretary of the DOJ itself,” he added.
Roque said he feels that given the abundance of evidence against De Lima, the DOJ is taking too long in filing charges against the former justice secretary.
He said De Lima can have all the notoriety she wants as a liar and as having benefitted from the drug trade as testified to by at least 10 witnesses in the House investigation
“Hers is a notoriety that we do not seek to have. She can gloat in her infamy by her lone self,” he said.
Roque recently lodged an ethics complaint against De Lima for colluding with Kabayan second nominee Ron Salo to oust him from the House of Representatives and for lying about her relationship with her former security aide Ronnie Dayan.                   

Angie M. Rosales

6 comments

  • Paulo Jumbila

    Senator Leila deLima reminds me of the late Senator Ninoy Aquino. Both of them are consummate liars and both of them have mastered the extensive use of corrupt media to project their false cause. During the time of Ninoy Aquino there was no social media and so the Filipino people did not have a way of exposing his lies to the public. Nowadays whenever deLima comes up with another set of lies, the Filipinos use social media to expose her as a big liar and as guilty of capital crimes as Ninoy Aquino.

    Paulo Jumbila Saturday, 18 February 2017 08:44 Comment Link
  • DICK

    Jinggoy and Bong Revilla are eagerly waiting to have the honor of having as their cellmate the country's " Public enemy no.1".

    DICK Saturday, 18 February 2017 04:07 Comment Link
  • DICK

    Jinggoy and Bong Revilla are eagerly waiting to have the honor of having as their cellmate the country's " Public enemy no.1".

    DICK Saturday, 18 February 2017 04:03 Comment Link
  • emomarcelo

    Just feed her to the sharks. They'll have a month of feasting from all that blubber.

    emomarcelo Saturday, 18 February 2017 02:14 Comment Link
  • Josh

    As far as I know, these kinds of cases are non-bailable, because if you are found guilty, the penalty is reclusion perpetua,” Aguirre said. DELIELIBOG NO.1 IN LIST OF DEATH PENALTY...

    Josh Saturday, 18 February 2017 01:33 Comment Link
  • jesus nazario

    Alleluia ! Sa wakas !

    jesus nazario Friday, 17 February 2017 22:29 Comment Link

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