Two of the four complainants opposed on Friday the bid of Senator Leila De Lima for the Department of Justice (DOJ) to transfer to the Office of the Ombudsman the complaints in relation to her alleged involvement in the Bilibid drug trade.
Complainants Volunteers Against Crime and Corruption (VACC) and former National Bureau of Investigation (NBI) deputy directors Ruel Lasala and Reynaldo Esmeralda said De Lima's motion was against the law and the memorandum of agreement (MOA) between the DOJ and Ombudsman on concurrent jurisdiction on cases involving government officials and employees.
In their joint opposition, the complainants said only the DOJ has the jurisdiction to handle drug cases under the Comprehensive Dangerous Drugs Act (Republic Act 9165).
"It is elementary that jurisdiction is vested by law and not by agreement of the parties. Considering that RA 9165 has vested the handling of cases and preliminary investigation involving violations of the said law to the special prosecutors designated by the DOJ, the Ombudsman has no jurisdiction to handle the preliminary investigation of the instant cases despite the MOA (memorandum of agreement between DOJ and Ombudsman)," the joint opposition stated.
The complainants also rebuffed De Lima's claim of lack of objectivity on the part of Justice Secretary Vitaliano Aguirre II and the five-man panel of prosecutors, calling it a pure "figment" of her imagination.
"Surely, if there is anyone who should be moving for the inhibition of the honorable panel, it should be the complainants," the joint opposition read.
De Lima snubbed the preliminary hearing on December 2. She instead sent her staff, Romeo Siazon, to obtain copies of the complaints.
The senator is accused of tolerating drug syndicates inside the national penitentiary in exchange for campaign funds for the 2016 elections.
De Lima has repeatedly denied the allegations which she called a fabrication by the government. She has been critical of the current administration because of its bloody war on drugs.
Complainants Volunteers Against Crime and Corruption (VACC) and former National Bureau of Investigation (NBI) deputy directors Ruel Lasala and Reynaldo Esmeralda said De Lima's motion was against the law and the memorandum of agreement (MOA) between the DOJ and Ombudsman on concurrent jurisdiction on cases involving government officials and employees.
In their joint opposition, the complainants said only the DOJ has the jurisdiction to handle drug cases under the Comprehensive Dangerous Drugs Act (Republic Act 9165).
"It is elementary that jurisdiction is vested by law and not by agreement of the parties. Considering that RA 9165 has vested the handling of cases and preliminary investigation involving violations of the said law to the special prosecutors designated by the DOJ, the Ombudsman has no jurisdiction to handle the preliminary investigation of the instant cases despite the MOA (memorandum of agreement between DOJ and Ombudsman)," the joint opposition stated.
The complainants also rebuffed De Lima's claim of lack of objectivity on the part of Justice Secretary Vitaliano Aguirre II and the five-man panel of prosecutors, calling it a pure "figment" of her imagination.
"Surely, if there is anyone who should be moving for the inhibition of the honorable panel, it should be the complainants," the joint opposition read.
De Lima snubbed the preliminary hearing on December 2. She instead sent her staff, Romeo Siazon, to obtain copies of the complaints.
The senator is accused of tolerating drug syndicates inside the national penitentiary in exchange for campaign funds for the 2016 elections.
De Lima has repeatedly denied the allegations which she called a fabrication by the government. She has been critical of the current administration because of its bloody war on drugs.
Source: gmanetwork
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