De Lima seeks dismissal of disobedience to summons case

Detained opposition Senator Leila de Lima has urged the Quezon City metropolitan trial court to dismiss the disobedience to summon case filed against her by the Department of Justice.

In a motion, de Lima, who is being detained at the Philippine National Police Custodial Center in Camp Crame, stressed that her right to speedy trial was being violated because of the prosecution’s countless delays.

She cited the prosecution’s numerous moves to postpone hearings, and motion for extensions to submit documents and to present witnesses.

“These actions seemingly show a pattern designed to delay the trial and the disposition of the case at bar. It is clearly vexatious, capricious and oppressive as against the accused,” de Lima said.

Furthermore, the embattled lawmaker sought before MeTC Branch 34 the immediate dismissal of the case for lack of evidence, saying the evidence presented by the prosecution failed to prove that she committed the offense.

” The defense fails to establish the elements of the crime of inducement to disobey summons issued by Congress, which are: a) refusal of a person, without legal excuse, to obey summons of the Congress of the Philippines; and b) the inducement of another person for someone to disobey summons from Congress,” de Lima said.

De Lima is facing a case for violation of Article 150 of the Revised Penal Code for disobedience to summons issued by Congress.

The complainants were former House Justice committee chairperson Rey Umali, former House speaker Pantaleon Alvarez, and former majority leader Rep. Rodolfo Fariñas.

In their complaint, they noted that de Lima “advised and induced” her former driver Ronnie P. Dayan, through his daughter Hannah Mae Dayan via SMS, to hide and not appear in the House inquiry on illegal drugs.

De Lima is also facing string of illegal drugs charges accusing her of complicity in the proliferation of drugs in the New Bilibid Prison while she was then the justice secretary. #

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