The Muntinlupa Regional Trial Court has disallowed Senator Leila de Lima from participating in Senate sessions and hearings through teleconferencing while she is detained on drug charges.
In a joint order dated June 17, one of the judges handling the criminal cases against De Lima denied the senator's motion for "lack of merit."
Judge Liezel Aquiatan said De Lima has already been "accomplishing legislative results," such as filing bills and resolutions and being the chairperson or a member of Senate committees, while in detention.
De Lima, who argued she is still presumed innocent, had claimed before the court that the Supreme Court has recognized that a legislator's detention does not preclude them from performing their duty while detained.
She also cited Senate Resolution No. 372 as supposedly allowing all members of the Senate to participate in hearings via teleconferencing.
But the judge pointed out that the amendment in Senate rules, made in response to the COVID-19 emergency, allows teleconferencing hearings "when there is force majeure or occurrence of an emergency which may prevent the senators from physically attending the committee meetings or hearings."
"De Lima is prevented to attend the committee meeting or hearings due to her detention. Detention is not a force majeure," the judge said.
Aquiatan also said there is "no occurrence of emergency in De Lima's case."
"Allowing De Lima to participate in Senate sessions, committee hearings, and meetings via teleconferencing from within her place of detention is no different from allowing her to attend there physically," the judge said.
"Allowing her to do so today would be tantamount to allowing her to participate even after the state of public health emergency," she added.
De Lima expressed dismay over the decision.
"In denying my motion, the trial court may have failed to see what the Supreme Court has doctrinally acknowledged in the cases of Jalosjos and Trillanes that it is possible for a person deprived of liberty to still legally pursue a profession or legitimately perform the functions of a public office as long as he or she can do it within the confines of his or her detention cell," De Lima said in a statement.
"As the Senate rules now allow for teleconferencing as a mode of participating in sessions and hearings in crisis or emergency situations or pandemic, I can easily do it if I will be provided with a laptop and internet connection, without need for me to get out of the PNP Custodial Center," she added.
She said she will file a motion for reconsideration.
De Lima has been detained at the Philippine National Police Custodial Center in Quezon City for more than three years on charges of involvement in the illegal drug trade in the New Bilibid Prison when she was secretary of justice.
The senator has denied the allegations.
She has recently asked one of the courts handling the cases against her to grant her bail.
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