THE Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to junk the petition filed by detained Senator Leila De Lima as she allegedly "falsified" the notarization of her petition.
De Lima's petition before the SC seeks to nullify her arrest order and arrest warrant over her supposed involvement in illegal drug trade.
"Petitioner falsified the jurats appearing in the: a) verification and certification against forum shopping page of the instant petition; and b) affidavit of merit in support of her prayer for injunctive writ. Consequently, the instant petition should be dismissed, and its
concomittant application for temporary restraining order (TRO) and/or status quo ante order (SQAO) denied, pursuant to Section 4, in relation to Section 3 of Rule 7, of the Revised Rules of Civil Procedure,” the OSG's manifestation read.
A jurat is part of an affidavit that shows when, where, and before whom the oath was sworn.
In the manifestation Solicitor General Jose Calida filed at the SC last Tuesday, the day the SC heard in oral arguments de Lima's petition, he said that the lawyer who administered the oath to De Lima identified as Atty. Maria Cecille Tresvelles-Cabalo was "never seen" at the Philippine National Police (PNP) Custodial Center where the senator is detained.
According to the jurats in De Lima's petition, she swore before Cabalo on February 24, in Quezon City, the day she was arrested and was committed to the PNP Custodial Center.
But the OSG said there is no "Atty. Maria Cecille Tresvelles-Cabalo" that appeared at the PNP to personally administer an oath to the senator.
“The only chance for De Lima to swear in before her was to personally appear before Atty. Cabalo. However, De Lima is in prison and even the shadows of Atty. Cabalo was not seen inside the detention cell of the lady senator,” the manifestation read.
“Therefore, contrary to the allegations in the jurats, petitioner did not appear and swear before Atty. Tresvalles-Cabalo on February 24, 2017 in Quezon City,” the manifestation read.
The OSG said they were able to secure an affidavit of PNP custodial center chief Supt. Arnel Apub, one of the respondents, saying Cabalo did not administer an oath to the senator on the said date.
Falsification is punishable under the Revised Penal Code and also a ground for disbarment. Lawyers found to have falsified documents may be held in indirect contempt.
Cabalo is De Lima's sorority sister at San Beda College of Law's Lambda Rho Sigma.
De Lima's petition with the SC seeks to nullify the arrest order issued by Muntinlupa RTC Branch 204 Judge Juanita Guerrero on February 23.
She alleged that judge Guerrero acted with grave abuse of discretion when she issued the assailed order amid the pendency of her motion to quash three drug cases filed against her by the Department of Justice for her alleged participation in the narco-trading in the New Bilibid Prison when she was justice secretary.
The SC will continue the oral arguments on the detained senator's petition next Tuesday, March 21. (SunStar Philippines)