THE Court of Appeals has junked the petition of Senator Leila de Lima to stop the Department of Justice (DOJ) in deciding the cases filed against her in connection to her alleged involvement in the illegal drug trading in the national penitentiary.
In a decision dated February 10, the CA 6th division said De Lima failed to show enough proof that she will suffer "irreparable injury" if the CA will not release a temporary restraining order (TRO) stopping the DOJ from rendering its decision.
The resolution penned by Associate Justice Nina Antonio Valenzuela stated that De Lima merely cited allegations in her petition instead of evidence that would be the basis for the issuance of the halt order.
The Court has directed the DOJ and the senator to reply to the resolution within 10 days.
Associate Justices Romeo Barza and Edwin Sorongon concurred in the decision.
The senator earlier filed with the DOJ a motion for inhibition seeking to stop the panel of prosecutors in deciding her case.
She failed to submit her counter-affidavit as she insisted that the five-man panel led by Senior Assistant State Prosecutor Peter Ong resolve first her motion before rendering its judgement in her cases.
The panel, however, refused De Lima's motion. This prompted her to seek the appellate court's intervention.
De Lima is facing complaints for indirect bribery, violation of the Anti-Graft Law and violation of the Dangerous Drugs Act filed by the National Bureau of Investigation, its former deputy directors Reynaldo Esmeralda and Ruel Lasala, the Volunteers Against Crime and Corruption and high value inmate Jaybee Sebastian.
Justice Secretary Vitaliano Aguirre II said in an interview last Friday that the DOJ will release its resolution this week. (SunStar Philippines)