The Senate will not block the possible arrest of Sen. Leila M. de Lima in connection with her drug cases, Senate President Koko Pimentel said yesterday.
Pimentel said they will not block De Lima’s arrest due to the separation of powers between the Legislative and Judiciary.
He said that other branches of government, including the legislative, are not supposed to intervene with the decision of court, such as the issuance of an arrest warrant.
“If there is a warrant of arrest, who are we not to honor the warrant of arrest. We will respect (the order of the court),” according to the senator.
Pimentel said that he expects law enforcers who will serve the arrest warrant on De Lima to treat her well and with respect just like how they should also treat ordinary citizens.
He added that De Lima could not be arrested while in a legislative session. Pimentel said that the arresting officers should coordinate with the Senate security officers as he stressed that they are not allowed to disrupt and disturb a legislative session.
The Senate leader emphasized that the law enforcers serving the warrant would commit a crime and may face charges themselves if they disrupt the session.
Meanwhile, Justice Secretary Vitaliano N. Aguirre II said yesterday that he will ask prosecutors to file an application for the issuance of a Hold Departure Order against De Lima who is facing criminal charges before the Muntinlupa City Regional Trial Court in connection with her alleged involvement in the proliferation of illegal drugs at the New Bilibid Prison in Muntinlupa.
De Lima was charged for violation of Section 5 (sale and trading of illegal drugs) in relation to Section 3 (jj), Section 26 (b), and Section 28 (criminal liability of government officials and employees) of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Aguirre said no arrest warrant will be issued against De Lima yet since the case will be raffled at the Muntinlupa RTC this afternoon.
“Kung halimbawang magkaroon ng warrant of arrest then we will ask the court to issue a hold departure order,” Aguirre said in a press conference at the National Bureau of Investigation Friday.
A hold departure order bars an accused from leaving the country pending the hearing of their cases in court.
He noted the warrants could be released today if the judge who will handle the cases determines that there is probable cause to proceed with the arraignment. (Elena L. Aben and PNA)