Contrary to the claims of Senator Leila de Lima and her allies, Solicitor General Jose Calida yesterday assured that the Department of Justice (DoJ) has jurisdiction to investigate and prosecute her.
“Senator De Lima is wrong when she said that only the Ombudsman can investigate and charge her for her drug offenses,” Calida said.
Last Friday, Department of Justice (DoJ) prosecutors filed against de Lima three counts of drug charges before the Muntinlupa City Regional Trial Court (RTC) in connection with her alleged involvement in the proliferation of the illegal drugs trade at the New Bilibid Prison (NBP).
“The power of the Ombudsman to investigate the illegal activities of public officials, including Senator De Lima, is concurrent with the power of other government agencies, such as the DoJ,” explained Calida.
The Solicitor General cited Section 90 of Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2002, which states that the RTCs have jurisdiction to exclusively try and hear her case involving illegal drug activities.
“Since Senator De Lima is facing drug charges, which has no relation to her office, she should be tried before the regular courts, and not in the Sandiganbayan,” he stated.
De Lima had asked the Court of Appeals (CA) to issue a temporary restraining order (TRO) to stop the DoJ from prosecuting her, insisting that the Ombudsman has jurisdiction over the case. (Jeffrey G. Damicog)
