THE list of officials allegedly involved in illegal drugs has not yet reached the Supreme Court, said Chief Justice Maria Lourdes Sereno.
In Tuesday's oral arguments on the petition of detained Senator Leila de Lima that seeks to nullify her arrest, Sereno contradicted the statement of President Rodrigo Duterte last December 20 claiming that he had given copies of his "narco list" to the Supreme Court, the Senate President and House Speaker.
"I just want to put it on record that contrary to what was announced in the media that the president on December 7 said he furnished the court the copy of the list, the thick folder. We have never received such a list... But we are acting on our own on complaints related to possible coddling by judges of drug lords," Sereno said.
'Dilemma'
The Chief Justice, interpelating Solicitor General Jose Calida, who represented respondents in the case, Muntinlupa Regional Trial Court branch 204 Judge Juanita Guerrero, said they need to resolve the issue on jurisdiction of the drug charges filed against the senator had the president succeeded in persecuting the alleged drug lords and coddlers who appeared in the list.
The Chief Justice said that the issue is the key "dilemma" that they have as their decision in the senator's petition will affect not just her but also the thousands of officials in Duterte's drug list.
"If the president succeeds, if PDEA (Philippine Drug Enforcement Agency) succeeds, if the PNP (Philippine National Police) succeeds in successfully investigating and filing a case against these officials all of them kust know which court has jurisdiction," Sereno said.
Sereno also mentioned an earlier point of Associate Justice Marvic Leonen that "the floodgates of confusion will even be open" if the SC will not resolve the question of who has jurisdiction in De Lima's case.
When asked for a suggestion, the Solicitor General advised the chief magistrate that if it is drug offense, the RTC should hear it and if it is graft and corruption then it must be heard by the Sandiganbayan.
Calida said that the RTC has the "exclusive jurisdiction" to try drug cases under Section 90 of the Republic Act 9165 (Comprehensive Dangerous Drugs Act), De Lima's counsels in the previous oral arguments, meanwhile, argued that it is the Sandiganbayan as the crime allegedly committed by the senator is in relation to her public office.
The SC ended the oral arguments after the third round and asked both parties to submit their memoranda simultaneously after 20 days. After which, the case will be submitted for decision.
De Lima's petition assailed the February 23 arrest order issued by Judge Guerrero over her alleged illegal drug ties.
De Lima elevated the case to the SC after alleging that Guerrero gravely abused her discretion when she issued the order amid the pendency of her petition to junk the cases filed against her. (VoxPop Philippines)
