(Eagle News) — Detained Senator Leila de Lima has admitted that she did not sign the petition she filed before the Supreme Court before a notary public, contrary to her earlier claim.
In a memorandum submitted to the High Court, De Lima, through her lawyers, admitted that the “act of signing” her petition seeking to nullify the arrest order issued against her on February 23 “was not done face to face with the notary.”
The order issued by Muntinlupa Regional Trial Court Branch 204 Judge Juanita Guerrero stems from a drug case filed against the senator in connection with her alleged involvement in the illegal drug trading in the New Bilibid Prison when she was justice secretary.
Like De Lima, Former Solicitor General Florin Hilbay, who represented her during the oral arguments at the High Court, earlier denied that she had falsified the documents.
He also noted then that De Lima had signed the petition in the presence of notary public Maria Cecile Tresvalles-Cabalo before the senator was placed in detention in Camp Crame in Quezon City.
But Solicitor General Jose Calida, who represents the state, had already noted that De Lima had violated the 2004 Rules of Notarial Practice when she did not sign the petition in the presence of a notary public.
As such, Calida had argued that her petition–which he noted also violated the hierarchy of courts after it was filed directly with the Supreme Court—should be dismissed.
“Due to the fact of the conditions of incarceration that petitioner (De Lima) was suffering on that day, the act of signing was not done face to face with notary…,” the senator said in the memorandum.
She added, however, that “…the signature was presented to (the notary public) immediately after the act of signing, with the notary having knowledge that petitioner was signing the petition.”
“Despite these uncertainties, the notary public still took the additional step to verify the signature of the petitioner by asking for her proof of identification from her staffers,” she said, noting that no one has questioned the authenticity of her signature in the petition, which was “genuine and valid.”
“Special” petition
In the memorandum, De Lima reiterated that she was “only” seeking the “fundamental right of every citizen to invoke the Constitution as shield and sword against government abuse.”
Even when she denied that she was seeking special treatment from the High Court, she noted that her petition was special because of what she said was the “government’s willingness to use its power to pin her down.”
This, she said, was “as fulfillment to the promise made by President Rodrigo Duterte.”
“That is why petitioner has come to this Court with such haste. For it is only this Court that is capable of stopping such abuse of power. If they are capable of doing this to a Senator, they are capable of doing this to anyone–unless the Honorable Court acts, and acts now,” she said.
