Doctor says De lima not a political prisoner but she failed to comply with DOJ requirements
Doctor Andrea Carigma in her Facebook page said that while claims of Senator Leila de Lima being called a political prisoner is not true, the drug cases filed against her has merit.
The doctor also said that De Lima as a lawyer should have complied with the requirements of the Department of Justice in the proceedings of the cases against her.
She also said that the Ombudsman Conchita Carpio Morales should not be the one handling the case of the senator.
"But whenever people say that De Lima is a political prisoner, or that her case should be nullified, or that it should be the Ombudsman who should handle her case, I would have to contradict you," she said.
"She is not a political prisoner. There are drug-related cases filed against her that has merit,"
Carigma said that it is the failure of the Senator and her legal team to comply with these requirements that got her into prison.
She listed down all the said requirements.
According to the magistrate the Senator failed to comply with the ff:
-filing of counter-affidavit and simultaneously questioning the jurisdiction of the DOJ with the panel of prosecutors during the preliminary investigation into the complaint.
-Filing a motion for reinvestigation
-before the indictment, asking the RTC to suspend the proceedings and requiring the panel of prosecutors to conduct reinvestigation.
-assuming she was already indicted and she was not given the chance to file her countervailing evidence with the DOJ, move for the RTC to order a reinvestigation
-as an alternative, file a motion for judicial determination of cause, motion for bill of particulars, or a motion to dismiss the case before the RTC on the basis of lack of propable cause.
SOURCE: Andrea Carigma
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| Photo by ABS-CBN News |
She also said that the Ombudsman Conchita Carpio Morales should not be the one handling the case of the senator.
"But whenever people say that De Lima is a political prisoner, or that her case should be nullified, or that it should be the Ombudsman who should handle her case, I would have to contradict you," she said.
"She is not a political prisoner. There are drug-related cases filed against her that has merit,"
Carigma said that it is the failure of the Senator and her legal team to comply with these requirements that got her into prison.
She listed down all the said requirements.
According to the magistrate the Senator failed to comply with the ff:
-filing of counter-affidavit and simultaneously questioning the jurisdiction of the DOJ with the panel of prosecutors during the preliminary investigation into the complaint.
-Filing a motion for reinvestigation
-before the indictment, asking the RTC to suspend the proceedings and requiring the panel of prosecutors to conduct reinvestigation.
-assuming she was already indicted and she was not given the chance to file her countervailing evidence with the DOJ, move for the RTC to order a reinvestigation
-as an alternative, file a motion for judicial determination of cause, motion for bill of particulars, or a motion to dismiss the case before the RTC on the basis of lack of propable cause.
SOURCE: Andrea Carigma
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Doctor says De lima not a political prisoner but she failed to comply with DOJ requirements
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16 March
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