Two members of President Rodrigo Duterte's legal team have dismissed the claim of detained Senator Leila De Lima's camp that she should be set free because the Department of Justice and the Office of Solicitor General could not agree on the drug-related case filed against her.
De Lima's counsel, former Solicitor General Florin Hilbay, earlier told the Supreme Court, which is hearing the petition questioning the validity of her arrest, that the OSG found her liable for conspiracy to sell illegal drugs and not for actual drug trading that is being pushed by the DOJ.
Calida shrugged off the claim of the senator's camp, telling reporters in an interview on Tuesday that it was just a "figment of their imagination."
Aguirre, who attended the second round of oral arguments at the high tribunal on Tuesday, on Tuesday also said that there was no conflict in the position of the DOJ and OSG on the matter.
He said if there was conflict in the case filed by the DOJ and the OSG's position, his prosecutors should have amended the information brought before the Muntinlupa City Regional Trial Court 204, which ordered De Lima's arrest on February 23.
Apart from the issue on nature of the offense, De Lima's camp also repeatedly pointed out that the Muntinlupa City court handling the case lacked jurisdiction, and the charges in connection with the senator's alleged complicity in the New Bilibid Prison drug trade did not have merit.
Several justices, however, said De Lima may have violated the principle of hierarchy of courts when she immediately went up to the SC instead of waiting for Judge Juanita Guerrero to resolve her motion to dismiss the case.
A violation of the principle of hierarchy of courts is a ground for outright dismissal of the case.
This was recently applied by the Court of Appeals (CA) in the petition filed by the Volunteers Against Crime and Corruption (VACC) that sought to stop the conversion of historic Army and Navy Club into a casino gaming facility and a five-star boutique hotel.
The CA noted that the VACC should have sought relief first before the RTC.
Source : GMA