SC junks De Lima plea to join debate on ICC petition

MANILA, Philippines — The Supreme Court has dismissed detained Sen. Leila De Lima’s plea to be allowed to personally argue for the minority senator’s petition challenging the executive department’s withdrawal from the international tribunal.

The SC on Tuesday voted 10-2 to throw out De Lima’s petition, saying it “found no compelling reason to have Senator De Lima personally appear during the conduct of oral arguments.”

On June 27, De Lima sought a furlough from detention to be allowed to participate in the oral arguments. She is one of the petitioners seeking the nullification of the executive branch’s withdrawal of the country’s membership to the ICC due to a supposed lack of necessary concurrence from the Senate.

Although Senate concurrence is needed in the ratification of treaties, the Palace has argued that withdrawing from them is within the president's prerogative.

SC spokesperson Theodore Te said that the court pointed out that De Lima asked for furlough “while she is barred by Article VI, Section 14 of the 1987 Constitution.”

The said provision of the Constitution provides: “No Senator or Member of the House of Representatives may personally appear as counsel before any court or justice or before the Electoral Tribunals, quasi-judicial and other administrative bodies.”

The tribunal also noted that De Lima’s capacity to appear as a participant in the case “must yield to the fundamental restrictions on her liberty borne by her current detention.”

The senator is being detained at the police headquarters on drug charges. She stands accused of having a hand in the drug proliferation at the New Bilibid Prison during her stint as justice secretary—allegations she has repeatedly denied.

Te also said that the SC said De Lima also failed to cite arguments exclusive to her case which will make her appearance in the oral arguments indispensable.

SC: Refrain from posturing

Te also noted that the petitions are already challenging “intensely, politically-charged matters.”

“It, thus, exhorted all parties to be tactful and sober and to refrain from any posturing that may detract from a dispassionate, level-headed resolution,” the SC spokesman added.

"The Court expressed the hope that the denial of petitioner De Lima’s plea could allow the Court to proceed to a composed resolution of the ultimate issues," he also said.

Senior Associate Justice Antonio Carpio and Associate Justice Francis Jardeleza voted to grant De Lima’s plea.

The country’s withdrawal of membership from the ICC also faces a second petition, which was consolidated with the opposition senators' case, filed by the Philippine Coalition for the International Criminal Court led by former Commission on Human Rights chair Loretta Rosales.

The Philippines announced last March that it would be withdrawing from the ICC. The announcement came a month after the international tribunal's prosecutor opened a preliminary examination — not an investigation — into the alleged crimes against humanity of President Rodrigo Duterte’s administration. 

The purpose of the examination, which the Palace initially welcomed, is for the ICC's prosecutor to determine whether the court has jurisdiction over a communication — not a complaint — filed by lawyer Jude Sabio.