No Holds Barred in Ensuring Justice for the People

The Department of Justice (DOJ) certainly earned its keep this 2017, as it unwaveringly conducted investigations left and right in line with its mandate to find out the truth behind cases and bring perpetrators to justice.

A tale of two drug cases

In February, the DOJ panel of prosecutors issued resolution charging former DOJ Secretary and Senator Leila De Lima of three counts of drug charges before the Muntinlupa City regional trial court (RTC) in connection with her alleged involvement in the proliferation of illegal drugs at the New Bilibid Prison (NBP).

De Lima was charged for violation of Section 5 (sale and trading of illegal drugs) in relation to Section 3 (jj); Section 26 (b), and Section 28 (criminal liability of government officials and employees) of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.

The DOJ panel of prosecutors composed of Senior Assistant State Prosecutor Peter Ong, Assistant State Prosecutor Editha Fernandez, and Senior Assistant City Prosecutors Alexander Ramos, Leilia Llanes and Evangeline Viudez-Canobas issued a 52-page resolution dated February 14 approved by Prosecutor General Victor Sepulveda on the consolidated criminal complaints filed by the Volunteers Against Crime and Corruption (VACC); the NBI; former NBI deputy directors Reynaldo Esmeralda and Ruel Lasala; and high-profile Bilibid inmate and self-confessed drug trader Jaybee Sebastian.

The three separate cases against De Lima, which accused her of receiving millions from illegal drug trade in New Bilibid Prison, were raffled off to RTC branch 204 Judge Juanita Guerrero, branch 205 Judge Amelia Fabros-Corpuz and branch 206 Judge Patria Manalastas-De Leon.

The first count in branch 204 also included De Lima's former driver and lover Ronnie Dayan and National Bureau of Investigation deputy director Rafael Ragos as her co-accused.

On the other hand, De Lima is joined by her nephew Jose Adrian Dera in the second count in branch 205.

Lastly, the third count in branch 206 included former Bureau of Corrections chief Franklin Bucayu, his alleged bagman Wilfredo Elli, high-profile inmate Jaybee Sebastian, De Lima's former bodyguard Jonel Sanchez, Dayan and Dera also as accused.

Judge Guerrero issued the arrest warrant on Feb. 23, which ordered De Lima's detention at the Philippine National Police (PNP) Custodial Center based on the commitment order it has issued.

Dayan, meanwhile, was detained at the Muntinlupa City Jail.

Justice Secretary Vitaliano Aguirre II said the cases filed against De Lima are not politically motivated.

"(The) cases filed against Senator de Lima are all criminal in nature. Some of these cases involved illegal drugs. They are not politically motivated," Aguirre said in a statement.

With this, the DOJ chief stressed that De Lima should not refer to herself as a "political prisoner" as the raps against her have nothing to do with her political stand.

"Drug cases do not involve one's political beliefs. It involves one's choice to be involved in illegal drugs," he said adding that he inhibit himself from the raps filed against the lady senator.

The DOJ Secretary also insisted that the Muntinlupa RTC has original and exclusive jurisdiction over the three cases filed, regardless of the high position of De Lima as respondent.

'On the matter of jurisdiction, it is the RTC that has original and exclusive jurisdiction over the three cases, regardless of the high position of the respondent. Trading in illegal drugs has no connection with the performance of her duties as Secretary of Justice,' he explained.

Aguirre also cited that De Lima and his other predecessors in the agency have done the same during their term when they prosecuted several high-ranking officials such as former President Gloria Macapagal Arroyo, former Commission on Elections Chairman Benjamin Abalos and Commissioner Alfredo Benipayo and former Zamboanga del Norte Rep. Romeo Jalosjos.

On the other hand, the DOJ is dismissed drug charges filed against former Customs Commissioner Nicanor Faeldon and other former officials of the Bureau of Customs (BOC) over the smuggling of PHP6.4-billion shabu shipment into the country last May.

In a resolution, the DOJ found no probable cause to indict Faeldon and several others for numerous criminal charges filed by the Philippine Drug Enforcement Agency (PDEA) in connection with the seized shabu shipment.

Dismissed were PDEA's complaint for conspiracy to import illegal drugs and protecting or coddling of drug traffickers under Republic Act 9165 (Comprehensive Dangerous Drugs Act), negligence and tolerance under Article 208 of the Revised Penal Code, and corrupt practices of public officers under Section 3 of R.A. 3019 (Anti-Graft and Corrupt Practices Act).

The DOJ held that PDEA failed "to state with clarity the acts or omission supposedly committed by the above-named BOC respondents that would constitute violation of the offense charged."

However, the DOJ panel found probable cause to push for the trial of the importers, brokers and other individuals involved in the shipment.

The panel recommended no bail in the drug importation case file before the...