EXCLUSIVE

CA denies de Lima plea

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The Court of Appeals (CA) has denied Sen. Leila de Lima’s petitions which sought to stop the prosecution of the drug cases lodged against her and pending before a Muntinlupa City court and the Department of Justice (DOJ).

The CA’s Special 6th Division, which consolidated the senator’s two separate petitions for injunctive relief, ruled that de Lima failed to show that proceeding with the prosecution of the cases would violate her rights or that it would result in “grave or irreparable injury” on her part.

In a four-page resolution dated February 28, penned by Associate Justice Nina Antonio Valenzuela, the CA found that the senator failed to adduce evidence to establish the “existence of a right to be protected” and to show that “the acts against which the injunction is directed are violative of the right.”

“In this case, none of the requisites above mentioned are present. Clearly, we cannot issue an injunctive writ,” the appellate court said.

The first petition filed by the senator stemmed from the complaint initiated by the Volunteers Against Crime and Corruption and former National Bureau of Investigation deputy directors Reynaldo Esmeralda and Ruel Lasala before the DOJ, which alleged de Lima’s complicity with the proliferation of the drug trade inside the New Bilibid Prison.

The complaint has already been filed before the Regional Trial Court of Muntinlupa City.

De Lima’s second petition, meanwhile, involves a pending complaint before the DOJ regarding the senator’s alleged receipt of P8 million from big-time drug lord Kerwin Espinosa supposedly to support her senatorial bid last year.

The DOJ earlier dismissed the complaint, but it is still up for automatic review.

De Lima has argued before the CA that the DOJ has no jurisdiction over the complaint against her. She maintained that it is the Office of the Ombudsman that has jurisdiction over the cases as she is a government official.

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17 Comments

  1. DeLima disobeyed SC tro on GMA’s medical treatment abroad while for sec… now seeking relief to SC for drug case….. totoo talaga ang kasabihag ang buhay ay parang gulong lang minsan nasa ilalim at minsan nsa ibabaw tsk tsk tsk ……..

  2. The case is purely under the jurisdiction of the regular criminal courts/fiscals and not the Sandiganbayan/Ombudsman because conspiring with drug lords in the NBP is not one of the duties of the then Secretary of Justice. The Sandiganbayan/Ombudsman cases are only for “job-related” offenses of an official and drug dealing is not a duty of a secretary of justice.

  3. de lie ma…. next time be careful what you wish for, specially in front of media…sabi mo ikulong ka na lang para paawa epek sa tao. e walang naawa at yun ikinulong ka nga. Ngayon pa apela apela ka jan. manigas ka!

    • unless delima is an international terrorist.Even a local terrorist has no jurisdiction in the international court

  4. De Lima ginawa mong basura ang bansang Pilipinas ng ikaw ay Justice Secretary pa. Ngayon ikaw ang BASURA ng bansang ito. Shut up!

  5. Maria Stevens. on

    This woman is an absolute crook…Keep her locked up..NO HOSPITAL STAYS. NO HOUSE ARREST. She must go before a court of law as soon as possible..and if guilty..off to prison.

  6. ‘She maintained that it is the Office of the Ombudsman that has jurisdiction over the cases as she is a government official..’ hehehe, look where she wants her case to be heard….Ombudsman…what did the Ombudsman do to Abad’s case few days ago? Tell me who your friends are and i will tell what color (Yellow) you are.

  7. …..best penalty for very serious violation of anti illegal drugs laws….perhaps…..death by overdose of shabu….?

  8. She wants to be judged by her buddy, Conchita Carpio Morales. We all know what will result if that transpires.

  9. Leila de Lima, all the complainst against you stemmed from your job as a government official which you have abused to the hilt. You have manipulated your position for so long running away from the grip of the law, abused in fact the due process well above that ia availed on you. So what the hell are you still complaining fatso ? You have demanded long ago you are ready to answer all in proper qourom. Now that time has arrived, so face the fuc*****g music. SHUT THE FU******K UP !

  10. Robert James on

    Please sent her to guillotine. We need to move forward and pest to the society like this scumbag should be eliminated. The Philippines is a rich and vibrant the only problem is the people who runs the country who were very corrupt, inept and inutile and coupled by the devil in disguise cbcp whose ranks are rotten with pedophiles and psychopaths that makes the Country difficult to move forward but change is coming.

  11. Sir Henry Kobayashi on

    De Lima is a Private Citizen when she met with Kerwin Espinosa in Baguio City, that’s why it is correct to file the case at the Regional Trial Court and not at Ombudsman.

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