SC urged: Let De Lima participate in ICC withdrawal case via telecommuting | ABS-CBN
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SC urged: Let De Lima participate in ICC withdrawal case via telecommuting
SC urged: Let De Lima participate in ICC withdrawal case via telecommuting
ABS-CBN News
Published Aug 24, 2018 05:13 PM PHT
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Updated Aug 24, 2018 05:24 PM PHT

MANILA - Minority senators urged the Supreme Court anew to allow detained Senator Leila de Lima to participate in oral arguments on the Philippines' withdrawal from the International Criminal Court via telecommuting.
The motion for reconsideration was filed at the Supreme Court on Thursday, a day before the high tribunal junked a separate plea of De Lima.
MANILA - Minority senators urged the Supreme Court anew to allow detained Senator Leila de Lima to participate in oral arguments on the Philippines' withdrawal from the International Criminal Court via telecommuting.
The motion for reconsideration was filed at the Supreme Court on Thursday, a day before the high tribunal junked a separate plea of De Lima.
"Senator De Lima is willing to argue while in detention through a live video and/or audio feed," the motion said.
"This will address the Honorable Court's apparent concerns regarding Senator De Lima's current detention. If needed, petitioners-senators can supply the necessary equipment and facilities for this to take place," it added.
The motion was filed by Senators Francis Pangilinan, Franklin Drilon, Risa Hontiveros, and Antonio Trillanes IV and was concurred in by De Lima.
"Senator De Lima is willing to argue while in detention through a live video and/or audio feed," the motion said.
"This will address the Honorable Court's apparent concerns regarding Senator De Lima's current detention. If needed, petitioners-senators can supply the necessary equipment and facilities for this to take place," it added.
The motion was filed by Senators Francis Pangilinan, Franklin Drilon, Risa Hontiveros, and Antonio Trillanes IV and was concurred in by De Lima.
Senator Bam Aquino IV, who is out of the country, agrees with the motion.
The minority senators argued that "the right to speak for one's self in one's own case is a fundamental right" protected by the due process clause under the charter.
"The exercise of a constitutional right is basic in our democracy, and it is not Senator De Lima's burden to show why there is a 'compelling reason' to exercise a right granted a priori by the Constitution," they said.
The opposition senators emphasized that a person's right of self-representation is expressly allowed under Rule 138, Section 34 of the Rules of Court.
"It would be the height of irony to prohibit Senator De Lima to argue on a constitutional issue of paramount national importance, given that the Honorable Court has allowed furloughs to persons charged with non-bailable offenses," they said.
The minority senators also stressed that De Lima's appearance during oral arguments, accompanied by Philippine National Police personnel, "will not make her escape detention, nor avoid charges brought against her."
"As Senator De Lima is constitutionally presumed innocent, her current detention is no ground for depriving her of the right of self-representation because she has not been tried and convicted of the charges brought against her," they said.
"If she is prevented from exercising that right, then Senator De Lima is being detained as a form of punishment by the unlawful deprivation of her constitutionally guaranteed rights," they added.
Senator Bam Aquino IV, who is out of the country, agrees with the motion.
The minority senators argued that "the right to speak for one's self in one's own case is a fundamental right" protected by the due process clause under the charter.
"The exercise of a constitutional right is basic in our democracy, and it is not Senator De Lima's burden to show why there is a 'compelling reason' to exercise a right granted a priori by the Constitution," they said.
The opposition senators emphasized that a person's right of self-representation is expressly allowed under Rule 138, Section 34 of the Rules of Court.
"It would be the height of irony to prohibit Senator De Lima to argue on a constitutional issue of paramount national importance, given that the Honorable Court has allowed furloughs to persons charged with non-bailable offenses," they said.
The minority senators also stressed that De Lima's appearance during oral arguments, accompanied by Philippine National Police personnel, "will not make her escape detention, nor avoid charges brought against her."
"As Senator De Lima is constitutionally presumed innocent, her current detention is no ground for depriving her of the right of self-representation because she has not been tried and convicted of the charges brought against her," they said.
"If she is prevented from exercising that right, then Senator De Lima is being detained as a form of punishment by the unlawful deprivation of her constitutionally guaranteed rights," they added.
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