Detained Sen. Leila de Lima has filed an appeal with a Muntinlupa court to allow her lawyers to visit her at her detention center “at any time of any day and without limitations as to the number of hours” to prepare for her cases.
(Office of Sen. Leila de Lima / MANILA BULLETIN)
Since 2017, after a warrant of arrest was issued against her for a drug case, De Lima has been detained at the Philippine National Police (PNP) Custodial Center in Camp Crame.
The PNP Custodial Service Unit issued a memorandum in June last year limiting the number of visitors and visiting hours for all persons under PNP custody (PUCP) due to the coronavirus disease (COVID-19) pandemic.
Only one lawyer is allowed to visit a PUPC like De Lima from 1 p.m. to 2 p.m. every Tuesday and Thursday, and from 9 a.m. to 10 a.m. every Sunday.
De Lima is currently facing two drug cases before Muntinlupa courts and a disobedience case pending before the Quezon City Metropolitan Trial Court Branch 34.
In her urgent motions filed with the Muntinlupa Regional Trial Court Branches 256 and 205 last month, De Lima said with the resumption of weekly hearings for her cases and preparation to present her evidence in two cases, she needs more time in conferring with her lawyers.
“These developments make it impossible for herein accused and her five (5) lawyers-on-record to efficiently and effectively prepare for trial within a mere one-hour period for three days a week and with one lawyer at a time. Not to mention that the same schedule also allows any of the following to visit: two (2) immediate family members, one doctor, one priest, one representative of the Commission on Human Rights (CHR), or one spiritual adviser and two immediate family members when holding a mass,” she stated.
The motion added, “In this regard, Accused De Lima herein asserts her constitutional right through this Honorable Court, by directing the PNP-CSU to allow her lawyers access to her at any time of any day in the PNP Custodial Center, without limitations as to the number of hours per visit” with the assurance that her lawyers will follow social distancing rules and health protocols.
However, Muntinlupa Presiding Judge Romeo Buenaventura of Branch 256 and Presiding Judge Liezel Aquiatan of Branch 205 turned down her requests.
“Time and time again, this Court noted that accused De Lima should not be treated specially or apart from any other accused. If she would be granted a special benefit all other detention prisoners must also be given that same benefit. Should the instant motion be granted and following the same reasoning, everyone may visit the jail anytime of the day, even during the night time,” Aquiatan said in her decision.
In her motion for reconsideration filed with Muntinlupa RTC Branch 256 on April 14, De Lima reiterated that “all that was asked was guaranteed access to her at any time of the day, as guaranteed by the Constitution and law, and without unreasonable limit as to the number of hours allowed. We reiterate the position that a mere one-hour period for three days a week is clearly unreasonable as a ‘regulation’ of a Constitutional right.”