Lethargic moves

It is really quite perplexing and even disgusting why up to now no corresponding charges have been filed against Senator Leila De Lima. After so many investigations in Congress and in other government investigating agencies, nothing has been done about the numerous offenses which De Lima may have committed in the past. So far, it is still all talk and no action which this administration is becoming to be known for.

Durterte himself has repeatedly announced in the past that De Lima will surely go to jail because of her connections with the convicted drug lords now imprisoned at the National Penitentiary. He has already named De Lima’s alleged “contacts” inside the jail and his driver Ronnie Dayan who also serves as her alleged “bagman” collecting the “contributions” of these drug lords to her campaign kitty when she ran for Senator last elections. Even De Lima’s illicit affair with Dayan has long been exposed and repeatedly aired in media.

In fact several witnesses have already testified in the Congressional investigations confirming all these talks about De Lima’s drug connections. Prominent among them is J.V. Sebastian who was convicted of robbery with multiple homicide and sentenced to life imprisonment. He vividly   narrated in detail De Lima’s role in the unabated drug trafficking conducted by the jailed drug lords from their luxurious jail cells.  

Then recently when Ronnie Dayan was finally arrested (or did he surrender?) in the mountains of La Union, he also confirmed quite convincingly and in more detail not only the amount of money coming from the drug lords that he gave to De Lima but also his illicit dalliance with her that lasted for seven years. Kerwin Espinosa, the son of the late Mayor of Albuera, Leyte and a well known drug lord who was killed inside his jail cell, also confirmed that he delivered P7 million to De Lima through his driver Dayan.

But the most telling and more convincing evidence so far is De Lima’s own admission of her amorous and adulterous relations with her driver Dayan. This admission is the strongest evidence that she is guilty of adultery and of her complicity in the Concubinage that Dayan may have committed against his wife. It should have spurred the Department of Justice to file the necessary charges against De Lima. It should also have triggered the initiation by Senate Ethics Committee of the necessary proceedings for imposition of disciplinary sanctions against De Lima which includes her suspension or possible expulsion from the Senate.

So far Justice Secretary Vitaliano Aguirre has only savored the exhilarating media attention he has been enjoying with his repeated announcements of his intended actions against De Lima. Even with so many evidence on hand establishing probable cause to charge De Lima in court not even one case has been filed. The only case against her is the disbarment charge filed by the private sector, particularly, the Volunteers Against Crime and Corruption.

This continuing inaction and/or lethargic moves have indeed given rise to speculations that the public is just being treated to another political zarzuela. People cannot help but get the impression that everything happening now is just for show and that the “old boys club” mentality of protecting their own colleagues, will eventually prevail. But the more adverse and damaging consequence here is that this administration is telegraphing its punches and providing De Lima with ammunitions to defend herself. Thus even before charges have been filed against her, De Lima has already been eroding the credibility of the witnesses against her by claiming that they were only forced to implicate her and testify against her.

In fact De Lima has even preempted this administration by filing before the Supreme Court a Petition for the Issuance of the Writ of Habeas Data against Duterte himself because of the alleged violation of her right to privacy due to the many exposes against her that invades into her private life.

The Writ of Habeas Data is a new remedy that became available only last February 2, 2008 when the Rules for its issuance was approved. It is “a remedy available to any person whose right to privacy in life, liberty or security is violated by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party” (Section 1). Any aggrieved party may file a petition for this writ except that in cases of extralegal killings and enforced disappearances, the petition may be filed the spouse, children and parents of the aggrieved party; or in case of their default, by any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity (Section 2).

The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall enjoin the act complained of, or order the deletion, destruction, or rectification of the erroneous data or information and grant other relevant reliefs as may be just and equitable.

De Lima’s petition is now pending in the Supreme Court which ordered the Solicitor General to comment thereon. Some people particularly from the Duterte Camp say that this petition will just be dismissed because it is violation of the President’s immunity from suit during his tenure. This is a question for the Supreme Court to also resolve in this case.

Suffice it to say in this regard that, the President is indeed immune from suit during his tenure, although the 1987 Constitution has not explicitly guaranteed such immunity. The Constitution has just discarded the wide ranging nature of such immunity under the Marcos Constitution of 1973. What is important to consider here is that this privilege of immunity from suit is granted to the President just to assure the exercise of presidential duties and functions free from any hindrance or distraction because being the Chief Executive of Government is a job that demands undivided attention and all of his/her time (Soliven v. Makasiar, Beltran v. Makasiar, G.R. 8287, November 14, 1988).

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