Thursday, April 26, 2012

Because De Lima Ignores the Rule of Law

In the coming days, Philippine Department of Justice Secretary Leila De Lima's ability or disability to see beyond the color yellow will be revealed.

According to Manila Blog Man, the lawyers of embattled realty magnate Delfin Lee, President of Globe Asiatique, filed at the Supreme Court "an ex-parte temporary restraining order (TRO) directing the Department of Justice (DOJ) to cease and desist from filing the syndicated estafa case against him and the other respondents."

The filing of the petition came after the Court of Appeals 17th Division on Monday gave the DOJ the go signal to file syndicated estafa case against Lee and several others in connection with the case of the Home Development Mutual Fund (HDMF) against Globe Asiatique. 
The lawyers of Lee questioned the CA move on pure questions of law, arguing that the decision setting aside the injunction issued by Judge Rolando Mislang of Pasig Regional Trial Court (RTC) Branch 167 violated settled jurisprudence and basic constitutional rights of Lee. 
With the CA decision and the appeal of Lee to the High Court, Justice Secretary Leila de Lima is put to test on whether she will contradict herself by filing the information in court, who declared in earlier cases that an order or decision against which a motion for reconsideration or appeal is filed is not yet executory.
The post likewise points out other instances where De Lima wobbled in justifying her actions. In one instance, she single-handedly denied Former President Gloria Arroyo her constitutional right to travel even though she had not been formally charged in court for violating any law.  In another instance, putting herself above the Judicial Branch of Government, she pushes for the arrest of Senator Panfilo Lacson.
It will be recalled that when the SC on Nov. 15, 2011 issued a TRO on the inclusion of former President Arroyo and husband Mike Arroyo in the immigration watch list, which, in effect, allowed them to go abroad, De Lima said the TRO was not yet final and executory until after the government motion for reconsideration had been filed and denied by the SC. 
In the case of Sen. Panfilo Lacson, De Lima has said that the arrest warrant against the senator remained in effect even if the Court of Appeals had voided it because of the options still given to the government then, including appealing the CA decision.
Does De Lima really have the capacity to go beyond brown-nosing the President and follow the rule of law?

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