Up to Ombudsman to settle charges filed by De Lima vs 2 ex-DOJ chiefs

It’s up to the Office of the Ombudsman (OMB) to resolve the criminal and administrative complaints filed by former senator Leila M. de Lima against two former justice secretaries, the Department of Justice (DOJ) said on Friday, Dec. 1.

“There are always two sides to the same coin. De Lima may have her claims, but on the other side, the former justice secretaries have also had their stance on the issue,” DOJ Assistant Secretary Jose Dominic F. Clavano IV said. 

Thus, he said "we’ll just have to leave it to the proper forum.”

For lack of due process, the Court of Appeals (CA) had reversed the ruling of the OMB which dismissed in 2019 the criminal and administrative complaints filed De LIma then justice secretaries Vitaliano N. Aguirre II and Menardo I. Guevarra, now solicitor general.

With the reversal, the CA remanded to the OMB De Lima’s complaints – which were incidents to the filing of illegal drugs cases in court against the former senator and her detention – for “proper disposition.”

De Lima, also a former justice secretary, charged Aguirre and Guevarra criminally with dereliction of duty and graft, and administratively for grave misconduct and gross negligence for allowing persons deprived of liberty (PDLs) to testify against her in illegal drugs cases and including them in the government’s witness protection program.

The OMB dismissed De Lima’s complaints even without requiring Aguirre and Guevarra to answer the charges. Among other things, the OMB ruled that Aguirre and Guevarra enjoyed the presumption of regularity in performance of their official duties.

De Lima had lauded the CA decision in her favor. She had said she will pursue her complaints before the OMB and the DOJ.

“We have a working justice system. If she does things that are well within her rights, who are we to stop?” Clavano said. 

The testimonies of the PDLs during the 2016 congressional investigation led to the filing of illegal drugs cases against De Lima and several other persons before the DOJ in 2017.

Also in 2017, the DOJ filed before the Muntinlupa City regional trial court (RTC) three criminal cases against De Lima and her co-accused. With the findings of probable cause by the RTC, warrants of arrest were issued against De Lima that led to her detention at the Philippine National Police’s custodial center in Camp Crame in Quezon City.

De Lima had been acquitted by the RTC in two criminal cases. In her third case which is still pending decision by the trial court, she was granted bail and was ordered released after more than six years of detention.