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Wrong court is trying De Lima case, says Liberal Party

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Wrong court is trying De Lima case, says Liberal Party

"We cannot have the wrong court trying and handling the fate of a case," the Liberal Party said in a statement on SC's dimissal of Sen. De Lima's petition. Senate PRIB

MANILA, Philippines — At the core of the case of Sen. Leila De Lima at the Supreme Court is the issue of jurisdiction of cases of public officials, the Liberal Party reminded on Tuesday.

Following the SC's dismissal of De Lima's petition to nullify her arrest in her drug case, the Liberal Party stressed in a statement: "The issue of jurisdiction is at the heart of the case because it involves the legal authority to pass judgment on the case."

"We cannot have the wrong court trying and handling the fate of a case," the LP added.

This was De Lima's main argument for seeking the SC's ruling on her case. The senator, during the preliminary investigation proceeding at the DOJ, has insisted that the Sandiganbayan has jurisdiction over her case.

She cited that, under the Memorandum of Agreement between the DOJ and Ombudsman, officials with salary grade higher than 26 like her should be tried at the anti-graft court. De Lima added that she was still a Justice secretary at the time she was accused of involvement in the illegal drug trade at the New Bilibid Prison.

But the Justice department argued that drug cases are tried at the DOJ.

The SC PIO, in the summary briefer sent to members of the press, supported the DOJ's argument, as it said: "It is the Regional Trial Court that has jurisdiction over the Information that charges the petitioner with violation of Section 5 in relation to (jj), Section 26(b), and Section 28 of Republic Act No. 9165."

The SC, voting 9-6, has junked De Lima's petition seeking the nullification of her warrant, and a halt order on the court proceedings at the Muntinlupa Trial Court Branch 204.

READ: SC votes 9-6 to junk De Lima petition to nullify arrest

'Political persecution of De Lima'

The LP said that De Lima's camp will still file a motion for reconsideration in a bid to reverse the court's dismissal of the case.

"We trust that the magistrates will give the case a thorough second look and decide based on what is just and right," the LP said.

The party added that it has "full faith that our Justices will be convinced that freeing Sen. De Lima is the correct and just way forward."

Should De Lima's motion for reconsideration be junked again, the decision on her case will be deemed final under the rules of court.

The LP also echoed De Lima's earlier belied that the government is ganging up on her to pin her down.

De Lima is the staunchest critic of President Rodrigo Duterte, with whom who she has been in loggerheads for years.

The LP said that it stands by De Lima's claim that she is "innocent and is simply a victim of political persecution."

READ: Calida hails yet to be released SC decision on De Lima case

Sen. Antonio Trillanes IV, for his part, also warned that the ruling "virtually puts a stamp of legitimacy on the political persecution and injustice being done to Sen. De Lima."

Trillanes, also a critic of Duterte, added: "It also highlighted Duterte's total control and manipulation of the three branches of government for his evil political ends."

"We should stand firm on this," Trillanes stressed.

The SC has yet to release a copy of the full decision of the case.

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