 |
| Source: http://www.philstar.com/headlines/2017/02/17/1673166/doj-files-3-cases-vs-de-lima-over-bilibid-drug-trade |
The Philippine political drama was heightened when Senator Leila de Lima surrendered to the authorities on Friday morning, 24 February 2017. The lady senator surrendered upon learning that a Warrant of Arrest was issued by a Regional Trial Court in Muntinlupa. We all know that Senator de Lima and her legal team are questioning the jurisdiction of the RTC over her case. They contend that pursuant to Sandiganbayan Law, it is the Sandiganbayan which has jurisdiction over the case since the alleged drug offense happened way back when she was the then Secretary of Justice. These claims were countered by the DOJ as they claim that the drug trafficking charges have nothing to do with her position as Justice Secretary and that the Dangerous Drugs Act specifically provides that it is the RTCs which has jurisdiction over any violation of said law. So, ok, the question is, which is which? Is it RTC or the Sandiganbayan? Before I proceed with the discussion, I would like to share first the importance of this issue. In simple terms, any order issued by a court or tribunal without jurisdiction over the subject matter of the case is null and void thus without legal effect whatsoever. Hence resolving this very issue of jurisdiction is crucial for the determination of the validity of the warrant of arrest issued by the RTC Muntinlupa which is the basis of the lady senator's detention.
Let us now first examine the laws involved, the Sandiganbayan Law and the Dangerous Drugs Act.
Republic Act 8249, as amended and which defines the the jurisdiction of Sandiganbayan, says the anti-graft court has the exclusive jurisdiction over graft, forfeiture of illegally acquired wealth, direct bribery, indirect bribery, qualified bribery, and corruption of public officials, including those classified as Grade 27 or higher.
Sandiganbayan will also hear and try civil and criminal cases in connection with executive orders 1, 2, 14, and 14-A of 1986, as well as plunder, malversation, heinous crimes, and violations of the Code of Conduct and Ethical Standards and the Anti-Money Laundering Law.
This law also provides the Sandiganbayan's jurisdiction over "Other offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned above," this is which de Lima's side claimed as applicable which would make her case fall under the jurisdiction of the Sandiganbayan.
On the other hand, Section 90 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 states that "The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act."
The Muntinlupa RTC Branch 204, presided by Judge Juanita Guerrero is one of the courts appointed by the SC as a special drugs court.
Presenting both laws does not really shed light on the issue for it suggests two different venues. However, it is my view that there is really no conflict between these laws as in fact they can be interpreted harmoniously.
Clearly, drug offenses are generally tried before the Regional Trial Courts like one in Muntinlupa. However, it does not forestall the possibility that a drug case may also be heard by the Sandiganbayan. In default, RTC has jurisdiction over these drug cases but as an exception, the Sandiganbayan may entertain such case provided it is within the coverage of the Sandiganbayan Law, as amended. Now the question is, in what situation or instance when the Sandiganbayan may acquire jurisdiction over drug offense.
In resolving this seemingly complicated issue, it will all boil down with the correct and proper interpretation of the phrase, "[O]ther offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned above,".
As we can see in the Republic Act 8249, drug offense is not one of the enumerations of crimes upon which the Sandiganbayan may try and hear. However, applying the highlighted phrase above, it may still be within the coverage of the law provided that the acts constituting the drug offense are perpetrated in the performance of office of the covered officials. Senator de Lima is covered by the Sandiganbayan Law since the crime imputed against her were allegedly committed when she was holding the position of Justice Secretary.
In simplest terms, the pivotal issue to be resolved is whether or not the alleged acts of Senator de Lima constituting the drug offenses filed against her are perpetrated in the performance of her official duties as Justice Secretary. If the answer is in the negative, it is the RTC which has jurisdiction as claimed by DOJ, if the answer is in the positive, then Senator de Lima's camp is correct and therefore the warrant of arrest issued against her is a patent nullity.
Applying the case of Esteban v. Sandiganbayan, 453 SCRA 236, an offense or crime maybe said to have been committed in relation to the office if the offense is "intimately connected" with the office of the accused and perpetrated while he was in the performance of his official functions. Otherwise stated, in order that the Sandiganbayan may entertain the case, the accused must have used his official position to commit the acts charged. In the same case of Esteban involving a crime of acts of lasciviousness against a judge, the High Court sustained the jurisdiction of the Sandiganbayan since he could not have committed the crime were it not for his being the judge of the court where the victim was working. Further, what makes the acts of the judge intimately connected with his office is the fact that he had the authority to recommend the appointment of the victim as an employee.
In the case of Senator de Lima, the allegations are essentially about her receiving payoffs from drug convicts in exchange for protection and privileges which allegedly facilitates the drug trading in New Bilibid Prison. Sooooooooo, what do you think?
Well, it is my personal view that the claim of Senator de Lima's camp invoking Sandiganbayan's jurisdiction is flawed and therefore agree that it is the RTC which has jurisdiction over the drug cases filed against her. This was also the position of the Court of Appeals when it dismissed the petition filed by the lady senator questioning the same jurisdiction of the RTC. Let me explain why oh why.
First, even granting that the acts imputed against Senator de Lima were allegedly perpetrated by her during her term as Secretary of Justice, the same is not sufficient to support the conclusion that the Sandiganbayan has jurisdiction over her case. Based on the law and cases cited above and other similar cases, for the case to fall under the Sandiganbayan, there must be an intimate connection between the alleged acts of Senator de Lima and her performance of her OFFICIAL DUTIES. To my mind, the alleged receipt of the payoff money from the high-profile inmates from Bilibid has nothing to do with her official function as Justice Secretary. For obvious reasons, the alleged granting of privileges and protection to these inmates HAS NOTHING TO DO WITH HER OFFICIAL DUTIES AS JUSTICE SECRETARY, therefore not in any manner to be considered as a discharge of her official function as such. An act done by a public officer outside of his duties and responsibilities is not be considered as a governmental act but a personal act on his part.
Second, since the acts as imputed against Senator de Lima are not to be considered as a discharge of her official functions, the offense charged against her cannot be considered as one committed "in relation to her office" that should have made the case under the jurisdiction of the Sandiganbayan.
Hence the RTC correctly proceed with the issuance of a warrant of arrest and this warrant is valid.
But who knows? I believe this case is the first of its kind and I am aware that a petition before the SC was filed by de Lima's camp concerning the matters discussed above. Let us all wait for the determination of the highest court of the land.
Now you, what is your opinion on this matter? Be kind enough to comment below!
*Disclaimer: I am not in any manner claiming that the charges against Senator de Lima are true or not as the same is completely different and irrelevant matter to the topic.
No comments:
Post a Comment