De Lima claims OSG 'resorting to technicalities' to keep her in jail
The online news portal of TV5
MANILA, Philippines – Sen. Leila de Lima on Tuesday accused the Office of the Solicitor General (OSG) of attempting to “resort to the basest of technicalities” so that the Duterte administration could keep her in detention.
De Lima said that “in lieu of substantial arguments against the merits of her Supreme Court petition,” the OSG “is scraping the bottom of the barrel for whatever argument is left” to make sure that she would not be freed.
The senator is asking the high tribunal to immediately issue a temporary restraining order and a status quo ante order that will nullify the drug cases filed against her and the February 23 arrest order issued by Judge Juanita Guerrero of the Muntinlupa Regional Trial Court Branch 204.
De Lima made the accusation against the OSG after the office submitted last week a manifestation to the Supreme Court alleging that the senator had “falsified” the jurats in the verification and certification against forum shopping attached to De Lima’s petition and her affidavit of merit that she filed before the high court.
A jurat is a proof that an oath was taken before an administering officer such as a notary. In an affidavit, the jurat is the clause at the end of the document stating the date, place, and name of the person before whom it was sworn.
In its manifestation, the OSG told the high court that De Lima had failed to take her oath before lawyer Maria Cecilla Tresvalles-Caballo, a notary based in Quezon City, before the senator signed the said verification and affidavit.
In their affidavits attached to the OSG manifestation, Police Superintendent Arnel Apus, chief of the PNP Custodial Unit and Senior Supt. Belli Tamato, Criminal Investigation and Detection-NCR chief, said that they did not see De Lima taking her oath before Caballo on February 24, 2017, the first day that the senator was detained and also the date written in the jurats.
The OSG also claimed that Caballo’s name was not written in the PNP Custodial Center’s guest logbook on February 24 or 25, indicating that the lawyer did not go to Camp Crame on said dates.
Solicitor General Jose Calida said De Lima’s petition should be dismissed by the Supreme Court because the senator had falsified her jurats.
But De Lima on Tuesday said Calida’s claim “is false allegation” and “has no factual basis.”
According to the senator, the notary met with her at Camp Crame for Caballo to notarize the petition that she had signed.
De Lima further said that, contrary to the OSG's claim, the notary public was, in fact, in Camp Crame, when the senator was brought there.