SC junks De Lima appeal to attend ICC oral arguments

MANILA, Philippines — The Supreme Court has denied with finality Sen. Leila De Lima’s plea to personally argue a petition by minority senators challenging the country’s withdrawal from the International Criminal Court.

According to the SC Public Information Office, the high court voted 10-3 to throw out De Lima’s appeal.

“The Court, in denying petitioner’s motion for reconsideration found that no new argument had been presented to warrant a reconsideration of its earlier resolution,” the statement read.

In denying De Lima’s petition last August 7, the SC said that her capacity “to appear as participant in the case “must yield to the fundamental restrictions on her liberty borne by her current detention.”

De Lima filed a motion for reconsideration on August 17. She cited the dissenting opinion of Senior Associate Justice Antonio Carpio where he held that consideration for those detained has been extended for less compelling reasons, such as extended Christmas holidays.

“Compared to these, a few hours of an opportunity to speak before the Honorable Court and argue a case of transcendental importance is certainly not too much to ask,” the senator said.

Carpio and Associate Justice Francis Jardeleza maintained their dissenting from the original ruling.

Associate Justice Alfredo Benjamin Caguioa, who was on leave when the matter was first raised in en banc last August 7, also dissented from the majority,

Oral arguments on the case will proceed on Tuesday, 2:00 p.m., the SC PIO added.

Senators also appeal case

De Lima’s co-petitioners, Sens. Francis Pangilinan, Franklin Drilon, Paolo Benigno Aquino IV, Leila De Lima, Risa Hontiveros and Antonio Trillanes IV, also appealed the detained senator’s case.

In a separate motion for reconsideration, the senators offered that as an alternative, De Lima could be allowed “to personally appear and represent herself during the oral arguments through live video and/or audio feed.”

This should address the court’s concerns on De Lima’s current detention, the senators also said. They will also supply the necessary equipment and facilities should it be allowed by the high tribunal.

According to the document sent by Pangilinan's office, the Supreme Court received the motion for reconsideration on Thursday, August 23.

The media brief sent by the SC PIO on Friday morning did not mention the senators' appeal.

The minority senators asked the tribunal to declare as “invalid or ineffective” the country’s withdrawal as a state party to the Rome Statue for lack of concurrence of 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.