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Monday, April 2, 2012

De Lima does an Aquino, hits courts

By Evangeline de Vera
Malaya

JUSTICE Secretary Leila de Lima yesterday said her efforts at curbing lawless elements are being thwarted by “less-than-respectable elements in the judiciary.”

Speaking before the annual convention of the Philippine Prosecutors’ League at the Manila Hotel, De Lima said the public saw in the past year certain accused individuals apply for and being granted a temporary restraining order (TRO) to prevent the Department of Justice from prosecuting them, while a former president questioned before the Supreme Court the authority of her department to issue watch-list orders and hold departure orders.

“Therefore, I cannot help but ask myself, what is going on here? How dim-witted do they think we are? Half the problem is the existence of less-than-respectable elements in the judiciary, who issue blatantly unfair and illegal orders without even blinking an eye. But the point is, we cannot take what they dish out lying down,” she said.

De Lima was apparently referring to former NBI director Magtanggol Gatdula, who had gone to the Manila regional trial court seeking redress for being sacked and charged with involvement in the kidnapping of a Japanese woman last year.

She was also referring to the case of former president Gloria Arroyo who went to the SC last year questioning the constitutionality of Department Circular No. 41 which became De Lima’s basis for issuing a travel ban against Arroyo.

The SC has yet to rule on the constitutionality of DC 41 but it has issued a TRO against the travel ban.

The issuance of the TRO was among issues raised in the Articles of Impeachment against Chief Justice Renato Corona who was appointed by Arroyo to the top SC post shortly before she stepped down from the presidency in June 2010. Article VII of the eight articles alleges that Corona favored Arroyo through the Supreme Court’s issuance of the TRO in November last year. Early this month, presidential spokesman Edwin Lacierda said Corona’s impeachment was triggered by the TRO.

About two weeks ago, Palace spokesmen said they would cease commenting on the impeachment issue. Last week, President Aquino said he would no longer respond to allegations being hurled by Corona’s camp.

De Lima, in the case of the writ of amparo, defied the Manila court’s order allowing the inspection of the vehicle used by an ambushed NBI official. The ambush is being blamed on Gatdula. De Lima said the order of the RTC is not yet enforceable because the DOJ has a pending motion for reconsideration that automatically stops the effectivity of the court’s order.

De Lima said that the DOJ has the role of projecting the image of determination by pursuing all avenues to protect and uphold its mandate “by resorting to all legal remedies available to us.”

“Do not hesitate to question their acts and hold them accountable. I tell you, half the battle is won if we could help prevent crimes from being committed by projecting a warrior-like image of competence, integrity and endless resolve,” she told the prosecutors. – Evangeline de Vera

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