by Jonathan Hicap
A local court ordered yesterday the detention of Senator Leila de Lima and her former driver-bodyguard Ronnie Dayan in Camp Crame and Muntinlupa City Police Station, respectively, following the serving of warrants of arrest against them in connection with a drug case.
The two were brought by the Philippine National Police (PNP) before Executive Judge Juanita Guerrero of the Muntinlupa Regional Trial Court (RTC) Branch 204 yesterday morning after their arrest.
Security was tight at the Muntinlupa Hall of Justice in Tunasan as more than 100 policemen from the Muntinlupa Police and Southern Police District were deployed to safeguard the two accused.
De Lima arrived from Camp Crame at around 11 am while Dayan was brought in about 30 minutes later.
Based on Branch 204’s commitment orders, De Lima will be detained at the PNP Custodial Service Unit in Camp Crame while Dayan will be confined in Muntinlupa City Police detention cell at Laguerta, Tunasan, near the Hall of Justice.
De Lima, Dayan and former Bureau of Corrections director Rafael Ragos have been charged under case 17-165 with illegal drug trading for violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
De Lima’s lawyers described the issuance of the warrant of arrest as “irregular” and “unusual,” saying that RTC Branch 204 should have tackled their motion to quash first to settle the issue of jurisdiction.
The court held a hearing before De Lima arrived wherein Judge Guerrero and Teddy Rigoroso, one of De Lima’s lawyers, argued over the issuance of warrant of arrest for the senator.
Judge Guerrero said her finding of probable cause to issue a warrant of arrest against De Lima is different from the defense camp’s insistence the court has no jurisdiction over the case as contained in the motion to quash.
“I have the duty to rule on my judicial determination of probable cause to issue warrants of arrest,” she said.
She told De Lima’s lawyer that if there’s no jurisdiction over the person, she could not act on the motion to quash, adding that she went over the complaint before issuing the arrest warrant.
Rigoroso explained that it is a drug case in which there is no “corpus delicti,” which the Supreme Court defines as “the fact of the commission of the crime.”
Guerrero gave the Department of Justice time to comment on De Lima’s motion to quash before she makes a decision on the lawmaker’s motion.
Boni Tacardon, another lawyer of De Lima, said they are planning to file a motion with RTC Branch 204 to recall the warrant of arrest against De Lima. He said they are also preparing to file a petition for certiorari with the Supreme Court regarding the issuance of the warrant of arrest even before the motion to quash is resolved.
He said there is a “grave abuse of discretion” on the part of RTC Branch 204.
“Pag binasa mo naman ‘yung information makikita mo dun na kahit isang trading of drugs, wala silang maipakitang naibenta na droga, pinagbentahan ng droga,” he said.
Tacardon said it is “highly unusual” that the warrant was issued before the court resolved the motion to quash.
De Lima’s camp has been insisting that the Sandiganbayan, not the regional trial courts, has jurisdiction over the cases.
DE LIMA’S DETENTION CELL
Earlier, members of the Philippine National Police (PNP) Criminal Investigation and Detection Group-National Capital Region under Police Chief Supt. Roel Obusan, brought De Lima to Camp Crame from the Senate office on board a Coaster at about 8:30 a.m.
Shortly after taking breakfast, De Lima then underwent booking procedure, according to PNP spokesman Senior Supt. Dionardo Carlos.
Security has also been tight at the PNP Custodial Center where the senator might be detained.
PNP chief Director General Ronald dela Rosa offered the maximum detention facility inside Camp Crame in Quezon City as De Lima feared for the safety of her life.
However, De Lima may share the same compound together with the other two former senators she helped put in jail over the controversial pork barrel scam – Jinggoy Estrada and Bong Revilla.
