Mar 252017
 
  Senator Leila de Lima ,President Benigno Aquino III , New Bilid Prison, Justice Secretary, Vitaliano Aguirre II , Liberal Party

Senator Leila De Lima (MNS Photo)

MANILA, Mar 21 (Mabuhay) –

“Desperate.” This is how Senator Leila de Lima described the move of the Solicitor General seeking the dismissal of the senator’s petition to nullify her arrest.

Solicitor General Jose Calida told the Supreme Court in a manifestation that De Lima supposedly falsified the notarization of her pleading.

The OSG alleged that one Atty. Maria Cecille T. Tresvelles-Cabalo administered the oath on De Lima on February 24, 2017, the day De Lima was arrested upon the order of Branch 204 Presiding Judge Juanita Guerrero. The OSG explained that Cabalo could have only administered De Lima’s oath at PNP Custodial Center in Camp Crame, Quezon City since the former’s commission as notary public is for Quezon City.

The OSG also noted that Cabalo is a sorority sister of De Lima at San Beda College of Law’s Lambda Rho Sigma, which was co-founded by De Lima

In a press release sent by her office on Monday, De Lima pointed out that the Office of the Solicitor General “is scraping the bottom of the barrel for whatever argument is left to support her continued illegal detention” with its repeated attempts to “resort to the basest of technicalities, and in lieu of substantial arguments against the merits of her Supreme Court petition.”

“The senator said that the OSG attack is obviously borne out of desperation,” it added.

In the same press release, De Lima maintained that Calida’s allegation “has no factual basis.”

De Lima, according to the statement, met with the notary public at Camp Crame to notarize the petition that she signed.

 

The detained senator maintained that contrary to the OSG’s claim, the notary public was in Camp Crame when she was brought there.

 

De Lima was arrested last month over her alleged involvement in the New Bilibid Prison illegal drug trade. She is currently at the Custodial Center inside the police headquarters. (MNS)

Nov 072013
 
SolGen asks SC to junk DAP cases for lack of merit

The Office of the Solicitor General (OSG), representing the Aquino administration, on Thursday asked the Supreme Court to junk all cases filed against the controversial Disbursement Acceleration Program (DAP) for lack of merit.   In a 41-page comment, the OSG asked the high court to dismiss all petitions against DAP for “lack of merit” and deny the application for a temporary restraining order and/or writ of preliminary injunction. “The burden is on the petitioners to establish their case and prove grave abuse of discretion on the part of the respondents [but] the petitions, mostly anchored on newspaper clippings and media reports, are miserably lacking on the allegations of facts that would support a claim of grave abuse of discretion,” it said. “It is incomprehensible, therefore, given the insufficiency and uncertainty of facts, how petitioners can allege grave abuse of discretion,” it added. Last week, parties in at least eight petitions challenging DAP’s legality agreed to answer six main questions during oral arguments before the SC on Nov. 11. Among these questions are on the nature of the DAP, whether it is a fund or a program, and the legal basis for its creation. In its comment, the OSG said DAP is “neither a fund nor an appropriation but a program or an administrative system of prioritizing spending.” “As is obvious from its name, it is a program for accelerating disbursements. What is only unstated in the title of the program—DAP—is that the sources of funds are from, first, the legitimately-generated savings Read More …

Jun 272013
 
Solicitor General: Drug case belatedly filed should still keep suspect jailed

The Office of the Solicitor General has insisted that a drug suspect who has been incarcerated for the past five years without formal charges, until recently, should remain behind bars. In a petition filed with the Supreme Court, the OSG, which represents the government in cases, asked that a recent Court of Appeals ruling ordering the release of Joan Urbina be reversed. Urbina and her boyfriend Ben Bryan Chua were arrested in December 2007 for alleged use of illegal drugs and possession of drug paraphernalia, in violation of the Comprehensive Dangerous Drugs Act of 2002. In January 2008, the Quezon City Prosecutor’s Office dismissed the drug complaints against Chua for lack of evidence, while those against Urbina remained and were forwarded to the Department of Justice for automatic review. She was locked up at the Philippine Custodial Center in Camp Crame. It took the DOJ five years to finally file a formal complaint at the Quezon City Regional Trial Court just last May 9. In its ruling, the CA granted Urbina’s petition for the issuance of a writ of habeas corpus and struck down the drug case filed against Urbina for being lodged way too late. “The Information filed before the Regional Trial Court of Quezon City, Branch 227 is hereby declared null and void for having been filed way beyond the period prescribed under pertinent rules of the Department of Justice,” the CA said in its 18-page ruling penned by Associate Justice Noel Tijam. In its petition with the Read More …