SENATE work will not be disrupted even if beleaguered Duterte administration foe Sen. Leila M. de Lima were arrested for alleged links to big-time illegal-drugs transactions at the National Bilibid Prison when she was still the secretary of justice.
Senate President Aquilino L. Pimentel III made the assurance over the weekend, even as he expressed hope those tasked to arrest de Lima will respect the Senate proceedings and coordinate accordingly.
Pimentel pointed out that de Lima presides over only one committee, and her tasks as chairman of the Committee on Electoral Reforms “can very well be assumed, with her consent, by the committee vice chairman”.
But Pimentel, citing the legal process, does not see de Lima being arrested any time soon.
“Under the Constitution, the court must make a determination first on whether [the charges against de Lima] merit [the] issuance of warrant,” he said.
Under the Senate rules, he added, an arrested lawmaker will be marked absent and cannot vote in absentia.
Pimentel noted that de Lima was being linked to the illegal-drugs trade inside the New Bilibid Prison. “So, that depends on how well Justice Secretary Vitaliano N. Aguirre II, et al. were able to link Senator de Lima to the prison drug trade,” he said.
At the same time, Pimentel ruled out suggestions that the Senate take custody of de Lima instead.
“No, the Senate cannot [take her into custody],” he said. “But it’s ultimately up to the Court to determine that issue.”
Hold-departure order
Aguirre said he will ask the prosecutors to file an application for the issuance of a hold-departure order (HDO) against de Lima who is facing three counts of drug charges before the Regional Trial Court in Muntinlupa City in connection with her alleged involvement in the proliferation of illegal drugs at the New Bilibid Prison.
De Lima was charged for alleged violation of Section 5 (sale and trading of illegal drugs) in relation to Section 3 (jj); Section 26 (b) and Section 28 (criminal liability of government officials and employees) of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Aguirre said no arrest warrant has been issued against de Lima since the case will be raffled off at the RTC on Monday afternoon yet.
“Kung halimbawang magkaroon ng warrant of arrest, then we will ask the Court to issue an HDO,” Aguirre said.
An HDO bars an accused from leaving the country pending the hearing of his or her case in court.
Aguirre added the warrants could be released on Monday if the judge who will handle the cases determines that there is probable cause to proceed with the arraignment.
With PNA