De Lima to Alvarez - Stop judging me

Sen. Leila De Lima on Monday told House Speaker Pantaleon Alvarez to stop judging her character, her first reaction to the revelation to the public that the House leader has an extramarital affair.

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In a dispatch from Camp Crame, where she is detained on drug charges for her alleged involvement in the illegal drugs trade, De Lima said that she did not want to rub it in despite persistent requests for her comments on the controversy Alvarez has become mired in.

De Lima said that her only message for the speaker, one of her most vocal critics, was for him to stop perpetuating lies about her alleged connection to the trade of illegal narcotics in the country.

“I just have this message for the Speaker - Please stop judging me on my 'true character'. You don’t know me,” she said, adding that if he wanted to know her, the speaker should ask people who really knew her character.

“Just ask please people who do. So please desist from perpetuating the lies about my alleged drug links. The people who truly know me will tell you it’s an absolute nonsense,” the detained senator wrote.

Alvarez has been one of the most vocal and fiercest critics of De Lima.

In one congressional hearing into the senator’s alleged involvement in the illegal drugs trade at the New Bilibid Prison, Alvarez defended fellow representatives after they were severely criticized for asking Ronnie Dayan, the senator’s former driver and lover, highly personal questions about their relationship.

The speaker said in defending his colleagues last year: ““Yung pagka-babae, ito ang tanong ko sa kanila: Bakit hindi nila kinonsider yung asawa ni Ronnie Dayan? Babae yun! Sa tingin ko siya yung agrabyado dito. Yung paggamit ng mga subordinates mo, di ba sexual harassment yun?”

It was however recently revealed that Alvarez himself is involved in an extramarital relationship after he filed a corruption charge against Davao Del Norte Rep. Antonio Floirendo Jr.

It has been alleged that the complaint was filed because of an altercation last year between the two congressmen’s girlfriends. Alvarez has denied that this is the reason for his complaint.

The speaker has since admitted to having a girlfriend and to siring eight children by different relationships.

“Hindi na po, hindi na po. Ganito kasi yun para hindi na kayo mahirapan. Noong first marriage ko, meron kaming dalawang anak. Sa second, apat tapos meron pa, dalawa,” he explained in a radio interview last week.

De Lima said that she “courteously” denied to comment on the travails of the speaker, saying that it was not right to rub the issues in.

“I don’t feel right rubbing it in even as I note that many people esp. netizens have been boisterously expressing their thoughts on this scandal. I also note there is righteous indignation,” she said.

Her message for the speaker was: “I pray for the Speaker's peace of mind.”

Source : PhilStar

Leila slams Rodys mockery of European Parliament

MANILA, Philippines - Sen. Leila de Lima slammed President Duterte’s calling the European Parliament members “naïve” for demanding her immediate release, asserting that its members – and even a silent majority of Filipinos – know that she is a victim of political persecution by the administration and the Chief Executive himself.

“No, Mr. President. They’re not naïve at all. Those European Parliament members calling for my immediate release and describing the charges against me as fabricated, spurious and invented know what they’re talking about,” De Lima responded through a statement from detention at Camp Crame.

Earlier this week, the President said that he pitied the members of the European Parliament for their naivete and went on to call them rotten.

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He scoffed at how they described her as a political prisoner and for portraying him as a villain.

De Lima said that the members of the European Parliament “know a case of political persecution when they see one.”

“While ostensibly, the charges against me are criminal offenses – drug trafficking – and not a political one, the same are completely bogus, as they are anchored on coerced, false testimonies, courtesy of your wicked lieutenants and operators,” De Lima said.

“They saw how you unleashed your arsenal of foul means, including invectives and misogynistic attacks, against me. That yours is a deep-seated personal vendetta is too transparent that only the blind and the dumb would fail to see,” she added.

De Lima said that the European parliamentarians would not risk their reputations and that of their political parties unless they were convinced about her innocence.

“They know the truth, Mr. President. They don’t buy your lies about me. So do a silent majority of your people,” she said.

Meanwhile, Sen. Risa Hontiveros took a shot at the President’s assistant communications secretary Marie Banaag for defending Duterte’s catcalling.

During an event commemorating Women’s Month at Malacañang, Banaag said that the President’s catcalling was generally relative and all depended on who would be hurt by it.

Hontiveros, a staunch advocate of women’s rights, corrected Banaag, saying that catcalling is not at all relative.

“It’s harassment. All forms of catcalling are wrong: unsolicited sexual advances and symptoms of male entitlement,” Hontiveros said.

Source : PhilStar

De Lima wants tougher penalty for govt execs manufacturing lies

Sen. Leila M. de Lima wants to make more tough the penalties for government officials who commit perjury and who force any individual to lie under oath or retract a testimony under duress.

Claiming to be a victim of lies and malicious testimonies, the senator says she has filed Senate Bill 1359 that seeks to impose fiercer penalty for perjury and subornation of perjury, amending Articles 180, 183, and 184 of the Revised Penal Code.

In a statement, she said that she filed the bill to strengthen the country's criminal justice system.

“In light of recent instances when those entrusted with the duty to see justice are the ones coercing and using government resources to manufacture lies, it is high time that we increase the penalty for perjury and subornation of perjury,” she said.

Under the Revised Penal Code, perjury is punishable by arresto mayor in its maximum period, that is, four months and one day to two years and four months. 

Subornation of perjury, meanwhile, is not expressly penalized, but the direct induction of a person by another to commit perjury is punishable under Article 183 in relation to Article 17.

Subornation of perjury is committed by a person who knowingly and willfully procures another to swear falsely and the witnesses suborned does testify under circumstances rendering him guilty of perjury.

De Lima is in detention, facing what she claim as "trumped-up drug trafficking charges based on obviously manufactured evidence and on perjured testimonies of convicted drug lords."

"Recently, false testimonies of convicted felons were used to support malicious complaints.  This condemnable act could be employed not only to harass and unjustly punish innocent persons, but also to silence dissent,” she said. 

Under her proposed measure, the penalty for perjury should be increased by two degrees, that is, to prision mayor in its minimum to medium periods, or a jail term of from six years and one day to 10 years. 

Persons who have been forced to commit perjury is given the chance to be exempted from criminal liability by proving that they were pressured and other circumstances forced them to lie under oath or retract a previous testimony.

Moreover, government officials or employees found to have committed perjury and subornation of perjury shall be perpetually disqualified from holding a public office or employment.

Source : GMA

Calida: De Lima disregarded court processes

MANILA - Senator Leila de Lima has the propensity to disregard court processes, Solicitor General Jose Calida told the Supreme Court on Tuesday.

With a drug-related case pending before a trial court against her, the solicitor general said the former justice secretary continues to insist that she is spared from the rules that govern all accused individuals regardless of their stature in society.

This would sum up the arguments of the Office of the Solicitor General (OSG), as it defended before the Supreme Court (SC) the position of the Muntinlupa Regional Trial Court (RTC) and Philippine National Police (PNP) during Tuesday’s continuation of oral arguments into De Lima’s petition assailing her arrest over the New Bilibid Prison (NBP) illegal drug trade.

Calida argued that De Lima is guilty of forum shopping for raising one and the same issue before the RTC and SC: the regularity of her arrest despite a pending motion to quash before the trial court on grounds of jurisdiction, and in violation of the hierarchy of courts for going straight to the high court despite existing remedies before the RTC and subsequently the Court of Appeals (CA).

“What is so special about this Senator that her lawyers are practically asking this court (SC) to waive its rules so that the court can rule on an incident stil pending before respondent Judge Juanita Guerrero? None,” Calida said.

“Lest his honorable court (SC) has forgotten, De Lima once aspired to become Chief Justice of this honorable court. She defied your authority by refusing to comply with a temporary restraining order (TRO) allowing former President Gloria Macapagal-Arroyo to travel abroad for medical treatment. She was so suffused with arrogance,” he added.

Calida stressed that Muntinlupa RTC Executive Judge and Branch 204 Branch Judge Guerrero did not err nor commit grave abuse of discretion in issuing the arrest warrant since nowhere is it in the Rules of Court and Rules on Criminal Procedure that a motion to quash must first be resolved before issuing an arrest warrant to gain physical jurisdiction of the accused and place him or her in custody.

For purposes of determining whether probable cause exists to cause the issuance of a warrant of arrest for an accused, Calida said under the rules, the judge merely determines the probability of the guilt of the accused and place him or her under custody of the state “so as not to frustrate the ends of justice.”

Calida argued that Guerrero must be allowed to rule on De Lima’s motion to quash, as what the rules dictate, instead of the SC doing the same on behalf of the trial court which may be construed as shortcutting the process and tantamount to granting special treatment to De Lima. Calida feared ruling favorably for De Lima will open the floodgates to other accused similarly challenging findings of probably cause and arrest warrants against them to file similar pleas with the SC.

HIERARCHY OF COURTS 

Associate Justice Presbitero Velasco, Jr., the justice-in-charge of De Lima’s petition, agreed with the OSG that there must be strict adherence to the hierarchy of courts, stressing that the same rule must apply to all individuals indicted before the courts.

“We (SC and judiciary) are quite serious on following the rule of hierarchy of courts. I stated during the last oral arguments that for the year 2016 alone, 204,000 criminal cases were filed before the RTCs only. You can just imagine if we allow and entertain this petition now then they (accused in these cases) will use this case… the SC will be deluged with a lot of petitions under rule 65 to question the order of the trial courts to issue warrants of arrest,” Velasco said.

The magistrate further said De Lima’s case is no different from the case of two other former senators, Jinggoy Estrada and Bong Revilla, who are also incarcerated due to their indictment for plunder. Estrada and Revilla both questioned their arrest and detention and the finding of probable cause by the Sandiganbayan on plunder charges over their alleged involvement in the “pork barrel” scam.

Velasco explained that apart from hierarchy of courts, De Lima even had the remedy to file a motion for reconsideration and petition for review to challenge the Department of Justice (DOJ) resolution that led to her indictment.

“If we will now rule on lack of jurisdiction [on the part of the RTC] over the subject matter of the offense, what part of the rule will be disregarded? There’s a pending motion to quash before RTC Muntinlupa and the judge is supposed to decide the motion,” Velasco said.

“These two tracks — the administrative track going to the Secretary of Justice [on petition for review] and later to the CA and SC — and with respect to the procedure allowed to the accused pending before the RTC, all these things will be disregarded by this court if we decide that the RTC has no jurisdiction; the SC will now be disregarding the rules that lay down the procedures, disregarding also possibly the rights of all the people of the Philippines and we will be ruling directly in disregard of all these rules on a petition filed by the accused,” he added.

The OSG stressed that De Lima failed to show “exceptional and compelling” circumstances to invoke an exception to the rule.

“De Lima, no matter her stature, is not exempt from the principle of hierarchy of courts. Under this principle, direct recourse to this honorable court is improper because it is the court of last resort, Calida told the high court.

The OSG also argued that for "falsifying" the notarization and verification of her petition by claiming that she signed the same and took her oath before Notary Public Maria Cecile Trevalles-Cabalo on February 24, 2017 when this never took place, Calida said De Lima's petition must be dismissed outright by the high court.

RTC JURISDICTION OVER DRUG CASES

Contrary to De Lima’s claim that the Sandiganbayan, not the RTC, has jurisdiction over her case since she was indicted for acts allegedly committed while she was still Justice Secretary with salary grade of 31, the OSG argued that under Section 90, Article 11 of Republic Act (RA) No. 9165, also known as the Comprehensive Dangerous Drugs Act, RTCs have the “exclusive” jurisdiction to try and hear drug cases regardless of whether the accused is a public official or not.

He also stressed that the SC issued Administrative Matter (AM) No. 5-9-03-SC which state that “[p]ursuant to Section 90 of RA 9165, only courts designated by this court (SC) as special courts for drug cases can take cognizance of violations of RA 9165.”

The OSG further said that even prior to the passage of RA 9165, the SC issued AM No. 00-8-01-SC which designates certain branches of RTCs as special drugs courts.

“Under this circular, this honorable court designated RTCs as the only drugs courts, to the exclusion of the Sandiganbayan. In fact, the Sandiganbayan has not tried any drug case since its creation,” Calida said.

The OSG was able to obtain a certification from the Sandiganbayan stating that “it has not heard and tried” a single drug case since its establishment.

DRUG OFFENSE NOT COMMITTED IN RELATION TO OFFICE

The OSG also debunked De Lima’s claim that the offense raised against her was “in relation to her office” as then Justice Secretary and cognizable by the Sandiganbayan.

Calida said that her being Justice Secretary was “not a constituent element” of the crime charged, and, instead, the allegation in the case against her is for “taking advantage of her position” which is an aggravating circumstance.

This was also Calida’s answer to a series of questions by Chief Justice Maria Lourdes Sereno, who said that the actions allegedly committed by De Lima which reportedly led NBP inmates to trade illegal drugs may not have been possible had she not been Justice Secretary.

“In all the testimonies [of NBP inmate-witnesses] there was nothing that Secretary De Lima could have authorized had she not been Secretary of Justice… are you now saying that this is immaterial to the Sandiganbayan’s jurisdiction?” Sereno asked.

To which Calida replied, “I would say that it is irrelevant to the drug offense punished by Section 26 b (conspiracy to commit drug trading) because, first of all, the Secretary of Justice is not a constituent element of the crime charged.”

"The allegation is taking advantage of her position or taking advantage as Secretary of Justice; this is just an aggravating circumstance, it does not qualify the offense,” Calida added.

The offense is not exclusive to public officials and may be committed by anyone, Calida stressed.

Calida was interpellated for more than four hours by the magistrates.

De Lima and the OSG were given twenty days to submit their respective memoranda, after which the case will be deemed submitted for resolution.

Source : ABS-CBN

Justices scrutinize De Lima petition

Justices of the Supreme Court on Tuesday crossed swords with state and defense lawyers over questions of procedures, constitutional issues and other legal matters concerning detained Sen. Leila de Lima’s petition seeking to void her arrest on drug trafficking charges.

De Lima, who has called out President Rodrigo Duterte for his violent approach in curbing the narcotics problem, was indicted and eventually ordered arrested by a Muntinlupa City court after Mr. Duterte tagged her in the illegal drug trade inside the state penitentiary when she was still the justice secretary, a charge she has vehemently denied.

At the resumption of the oral arguments on De Lima’s petition, the justices grilled Solicitor General Jose Calida on the authority of the Department of Justice (DOJ) and Executive Judge Juanita Guerrero of Muntinlupa Regional Trial Court (RTC) Branch 204 to handle the criminal case against the senator.

Calida, who was representing Guerrero and the police officials named respondents in De Lima’s petition for certiorari, maintained that the judge had the jurisdiction to order De Lima’s arrest under Republic Act No. 9165, or the Comprehensive Dangerous Drugs Act of 2002.

Contrary view

De Lima, who has been locked up in Camp Crame since her arrest on Feb. 24, insists that the Office of the Ombudsman should have handled the investigation of the complaint against her and that the Sandiganbayan should try the case if she would be indicted.

“The history of relevant penal laws unmistakably shows that the RTC has original and exclusive jurisdiction over drug offenses,” Calida said.

“This honorable court designated RTCs as the only drugs courts, to the exclusion of the Sandiganbayan. In fact, the Sandiganbayan has not tried any drug case since its creation,” he continued.

Under questioning by Associate Justice Presbitero Velasco Jr., former Solicitor General Florin Hilbay, De Lima’s lead counsel, maintained that his client did not forge a portion of her sworn affidavit as claimed by Calida.

But Velasco said Maria Cecile Tresvalles-Cabalo, the lawyer who notarized De Lima’s affidavit, had admitted in her own affidavit that the senator did not sign the document in her presence.

“From the very affidavit (of Cabalo) alone, there was noncompliance with our 2004 Rule on Notarial Practice,” Velasco said.

As if on cue, Calida opened his defense of Guerrero’s actions by arguing that the senator’s plea should be dismissed outright for fabricating her jurat, or the portion in her affidavit stating the authenticity of her statements and the name of the lawyer who notarized the document.

Calida said the admission of Cabalo, whom he claimed to be De Lima’s sorority sister, showed that she and De Lima  violated Section 6 of the 2004 Rules on Notarial Practice and that they may be held liable for falsification of public documents, indirect contempt of court and violation of the Code of Professional Responsibility and the Lawyer’s Oath.

“De Lima is therefore not entitled to any relief. She is not blameless. Her hands are not clean,” Calida said.

“Because the jurat in the verification and certification against forum shopping was fabricated, the instant petition is considered unsigned … An unsigned pleading produces no legal effect,” he continued.

Special treatment

Under questioning by Chief Justice Maria Lourdes Sereno, Calida warned the court against giving an impression to the public that De Lima was getting a “special treatment.”

“Her case is only one of the tens of thousands of drug-related cases now being handled by the 955 branches of the (RTCs),” he said.

“There is nothing remarkable about this case except for De Lima’s insistence that she be treated above the law. What is so special about this senator that her lawyers are practically asking this court to waive its rules?” he added.

Sereno noted that while Calida was arguing that the RTC was the proper venue to hear the case against De Lima, the complaint filed by the DOJ prosecutors showed that De Lima allegedly committed the offenses in her capacity as justice secretary.

Sereno read the sworn affidavits of the convicts who had testified against De Lima, pointing out that their testimonies showed that the senator could not have provided protection for the drug lords and threatened them if she was not the head of the DOJ at the time.

Source : Inquirer.net

Destab? Duterte govt self-destructing, says De Lima

MANILA – Detained Senator Leila de Lima on Monday said there may no longer be a need for the opposition to plot destabilization moves against President Rodrigo Duterte as his government is self-destructing anyway.

"It's called paranoia. Also insecurity. What destab are they talking about? What ‘triumvirate of plotters?’” De Lima said in a statement written from her detention cell.

“Stifling criticisms and shunning international condemnation, irrationality of behavior and policies, constant animosity towards the Church, sell-out of our sovereign rights over our maritime domain, and rejection of accountability for the heinous acts of summary killingsthese are a clear recipe for self-destruction. So don't look at us please.” 

Duterte said last week that either De Lima, Senator Antonio Trillanes IV, or Vice President Leni Robredo could be behind alleged attempts to oust him.

“Mag-prangka tayo, they want me ousted? Who’s behind it? Itong si Trillanes. Sundalo, mas mabuti pang security guard dito and his help. Sinong isa? Si De Lima. Gusto na niya akong paalisin,” Duterte said in a March 23 speech.

“Pangatlo si Leni, eh natural kasi bakit pa siya maghintay kung nandiyan ‘yung opportunity.”

While Duterte accused Robredo of being in a rush to claim the presidency, he has in several instances cleared the vice-president of any destabilization plot.

In a Philippine Star report, the Armed Forces of the Philippines said the military is monitoring the movements of Robredo and the two opposition senators.

Source : ABS-CBN

De Lima labeled Government talk of destabilization paranoia

MANILA, Philippines — Sen. Leila De Lima on Monday labeled as “paranoia” the administration’s persistent talk of destabilization moves against it.

In another letter from her detention cell at Camp Crame, De Lima questioned the destabilization talk that government officials regularly refer to and her supposed involvement in these efforts.

“What [destabilization] are they talking about? What ‘triumvirate of plotters’?” De Lima asked.

In recent days, talk about efforts to remove President Rodrigo Duterte have become rife following the filing of an impeachment complaint against him and the video message of Vice President Leni Robredo sent to a United Nations side event in which she severely criticized the government for supposed human rights violations in the conduct of its war on drugs.

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Presidential Spokesman Ernesto Abella said on the day the impeachment charge was filed that these events seemed part of an “outline” to remove the president from power.

“It just seems rather dramatic that everything seems coordinated at this stage with acts of trying to discredit the administration and throw it in doubt,” he said.

The president himself named Sen. Antonio Trillanes, De Lima and Robredo as the people behind the alleged ouster plot against him.

“Who’s behind it? Itong si Trillanes. Sino pa ang isa? Si De Lima na niya akong paalisiin. Pangatlo, si Leni,” Duterte said in a speech at the 16th National Convention of the Integrated Bar of the Philippines.

Duterte said over the weekend, however, that he now believes Robredo is not involved in any plots.

He told reporters in Bukidnon on Saturday that he and Robredo have talked about the supposed destabilization plots. The president also said that he assured Robredo that he has nothing to do with potential attempts to unseat her.

De Lima said that instead of looking at Duterte’s critics, the administration should look at itself as the source of the reason for its “self-destruction.”

“Stifling criticisms and shunning international condemnation, irrationality of behavior and policies, constant animosity towards the Church, sell-out of our sovereign rights over our maritime domain, and rejection of accountability for the heinous acts of summary killings—these are a clear recipe for self-destruction,” the Liberal Party senator said.

De Lima is detained at the Philippine National Custodial Center following her arrest over allegations that she financially benefitted from the illegal drugs trade at the New Bilibid Prison.

De Lima has questioned the charges against her, saying that all these were politically motivated and were meant to silence her as she was one of the most vocal critics of many of the Duterte government’s policies.

Source : PhilStart

De Lima says her detractors now shaking on their knees

MANILA - Senator Leila de Lima claimed Sunday her detractors "must now be shaking on their knees" as her incarceration continues to gather international attention.

"Those evil elements who orchestrated this grand travesty of justice foisted upon me must now be shaking on their knees. Amidst their continued vilification of my person and honor, they don't really know how to handle me. They know that they cannot persist in their lies and machinations," De Lima said in a handwritten note from her detention cell.

"With the whole world watching, and more and more people gaining discernment about this regime's capacity for evil, my tormentors must realize that locking me up in jail and stripping me of my rights is a huge mistake. They must tremble where they stand," she added.

De Lima has repeatedly accused President Rodrigo Duterte of masterminding the drug-related charges against her, allegedly in retaliation for her criticism of his anti-narcotics crackdown.

Several international bodies, including the European Union (EU), Human Rights Watch and Amnesty International, have condemned De Lima's arrest and called for immediate release.

Malacañang has denied that the charges against De Lima were politically motivated while Duterte hit back at EU for meddling with Philippine issues.

SILENT MAJORITY

De Lima, in a separate note, said there is now a "silent majority" that shares her disdain of the Duterte administration, as exemplified by a group of elderly women who recently paid her a visit at Camp Crame.

The group, she said, lampooned Duterte's "cursing, his dark psychology and obsession with drugs, while neglecting other urgent concerns such as the economy, jobs and traffic."

They were aghast about Duterte's response of China's incursion on Benham Rise and the "arrogance and propensity to lie" of some of his allies, said De Lima.

"I told myself as I feel it in my gut that there must be a multitude of like-minded citizens out there, sharing exactly the same sentiments. There must be a silent majority now. And so there is hope," ended her note.

Source : ABS-CBN

De Lima: Now, there is silent majority aghast at Duterte admin

Detained Sen. Leila de Lima said there seemed to be a "silent majority" starting to get frustrated with the Duterte administration.

In a handwritten note on Friday, the senator said she came to the conclusion after a group of elderly parishioners from a church near Camp Crame paid her a visit on Friday with complaints about the government.

"To my amazement, they came across well-versed on the goings on in our country. With unsophisticated candor, they talked about Duterte’s rudeness. His cursing, his dark psychology and obsession with drugs, while neglecting other urgent concerns such as the economy, jobs and traffic," she wrote.

"These women were also aghast about Duterte’s handling of the Benham Rice issue and sell-out to China," she added, referring to 

De Lima said her visitors also expressed their disdain toward Duterte's allies, including House Speaker Pantaleon Alvarez, Justice Secretary Vitaliano Aguirre II, Solicitor General Jose Calida, and Chief Legal Counsel Salvador Panelo.

"Voters were clearly duped, so they concluded," the lawmaker said. "I told myself as I feel it in my gut that there must be a multitude of like-minded citizens out there, sharing exactly the same sentiments. There must be a silent majority now."

I am my tormentors' 'curse'

In another note, De Lima called herself the "curse" of the people responsible for her detention at the Philippine National Police Custodial Center at Camp Crame over drug-related charges.

"I am their problem. I am their curse. Those evil elements who orchestrated this grand travesty of justice foisted upon me must now be shaking on their knees," De Lima wrote.

De Lima has been vocal about the government's anti-drug war as well as the spate of extra-judicial killings that began since Duterte took office in 2016.

Since her jailing, local critics have questioned the circumstances behind her arrest.

Her arrest also caused an international outcry, with the European Union ultimately approving a resolution that called for her release and an independent international investigation into the Philippines' drug war.

"With the whole world watching, and more and more people gaining discernment about this regime’s capacity for evil, my tormentors must realize that locking me up in jail and stripping me of my rights is a huge mistake," De Lima said.

Panelo had earlier said the EU resolution seeking De Lima's release was an example of "foreign interference."

He has also dismissed criticism against Duterte as attempts to remove the former Davao City mayor from the presidency.

Source : GMA 

De Lima joins opposition to Duterte plan to scrap village polls

Detained Sen. Leila de Lima on Saturday joined a growing opposition to President Rodrigo Duterte’s plan to scrap barangay elections in October and instead appoint village officials as part of his war on drugs, saying it could give rise to a new level of political patronage across the country.

De Lima, who chairs the Senate electoral reforms and people’s participation committee, said Mr. Duterte’s plan went against the idea that barangays or villages were nonpartisan government units.

“Appointing barangay officials, instead of electing them, goes against the principles of shielding them from partisan politics. That is one of the reasons why barangay elections are held separately from national and local elections,” De Lima said in a statement.

Mr. Duterte has said all barangay posts should be declared vacant, and the elections in October postponed. He said he wanted incumbent barangay officials replaced with appointees, arguing that about 40 percent of all village chiefs were into illegal drugs.

But De Lima argued that the planned move could violate rights to due process.

“Those who would be removed and not reappointed may have that stigma of being involved in drugs. They have every right for a chance to clear their names before being removed from office,” she said

“Given the political situation at the grassroots and the culture of fabricating accusations, it is possible for baseless recommendations to emanate from mayors so they can have their allies appointed to barangay posts, and maintain control over cities and municipalities. It is political patronage taken to a whole new level.”

She said the plan was a “desperate move for the administration to maintain its political capital.”

Her position was backed by former Senate President Aquilino “Nene” Pimental Jr., the father of the country’s Local Government Code and the President’s political ally, saying the plan would make local officials beholden to the appointing power.

“If the barangay captains and kagawads (aldermen) are appointed, then invariably their loyalty is to the appointing power and not to the people. That would not be good,” Pimentel told the Inquirer. “And if they want it postponed, they have to amend the Local Government Code. You cannot just say we will just appoint the barangay officials. That cannot be done.”

“You cannot just forget the law and do what you want,” he added.

However, Pimentel said the government should run after specific erring barangay officials instead of a wholesale purge.

“Our government is run under a rule of law. If someone violates the law, then he should be prosecuted and imprisoned,” Pimentel said.

“But just because a mayor commits a crime, you don’t say  ‘Let us just appoint all the mayors.’ No,” he added.

Instead, he said administration allies in Congress should come out with a law amending the Local Government Code if they want the barangay elections postponed.

“We are a democracy and common sense demands that we abide by the strictures and constitutional laws of the land,” he said.

James Jimenez, spokesperson of the Commission on Elections, said the poll body was reserving its comment on Mr. Duterte’s plan pending a thorough study of the matter. He noted that there were “consequences” in postponing the vote. 

Source : Inquirer.net