De Lima appeals SC decision to keep her detained


Posted at Nov 03 2017 03:41 PM | Updated as of Nov 03 2017 04:37 PM

Sen. Leila de Lima’s legal counsel former Solicitor General Florin Hilbay holds up a copy of the motion for reconsideration filed today to nullify her arrest. Handout/Office of Sen. Leila de Lima

MANILA - Detained Sen. Leila de Lima on Friday asked the Supreme Court to reconsider its decision junking her plea for release and for the dismissal of drug-related charges against her.

In a 24-page motion for reconsideration, De Lima said the High Court should "immediately rectify the continuing grave injustice" against her, citing how members of the court "cannot even agree on the nature and cause of accusation against her."

“The absence of a majority on the nature of the charges against Petitioner is the clearest possible indicator—coming from the Supreme Court itself— that the accusation ‘is blatantly a pure invention’ and ‘a fake charge,’ to borrow from Justice Carpio. This is an institutional admission of the gravest consequence,” De Lima said, citing Senior Associate Justice Antonio Carpio's dissent to the majority ruling handed down in October. 

“If the members of the majority could not even agree on the nature of the accusation reflected in the Information, such fact is an objective indicator that respondent judge (of the Muntinlupa Regional Trial Court) could not possibly have had probable cause to issue the warrant of arrest against Petitioner,” she added.

Last month, the High Court en banc, voting 9-6, dismissed De Lima's petition and upheld the Muntinlupa lower court's jurisdiction over her drug case.

Outvoted were Chief Justice Maria Lourdes Sereno and Associate Justices Carpio, Francis Jardeleza, Estela Perlas-Bernabe, Mario Victor Leonen and Alfredo Benjamin Caguioa, who had favored De Lima's plea.

De Lima has been detained since February over allegations that she accepted drug money from the drug trade in the national penitentiary during the time she was justice secretary. She has dismissed the allegations as "political persecution." 

The senator earlier said the Muntinlupa court had committed grave abuse of discretion in ordering her arrest when she still had a pending motion to quash.