The motive for the Supreme Court decision to grant a writ of habeas corpus for the discharge of Jessica Lucila “Gigi” Reyes could apply within the case of detained former Senator Leila De Lima, Justice Secretary Jesus Crispin “Boying” Remulla stated on Friday.
Remulla made the comment a day after the previous Senate chief of employees of Chief Presidential Legal Adviser Juan Ponce Enrile was launched from the Taguig jail feminine dormitory on the heels of the SC decision dated Jan. 13.
Asked if the habeas corpus for Reyes could turn into a precedent for different accused resembling De Lima, Remulla stated, “Possible.”
“The same reasoning may apply to Sen. De Lima’s case,” Remulla stated in a message to reporters.
The writ of habeas corpus is the accused’s safety in opposition to unlawful imprisonment.
Reyes acknowledged in her petition that she was imprisoned the longest out of all people who have been charged with plunder as a result of pork barrel rip-off.
“The writ of habeas corpus is available to the petitioner. Her confinement, though in accordance with a court order of the Sandiganbayan, violates her constitutional right to a speedy trial and infringes on her right to liberty,” the SC First Division stated in a decision dated January 17.
“Indeed, nine years is far too long of detention pending the resolution of a criminal case. If the petitioner were to wait for a final judgment before seeking effective relief, then it might be too late for her to genuinely enjoy her liberty. By then, justice delayed would truly be justice denied,” it added.
GMA Integrated News has sought remark from Reyes and Enrile.
According to Sandra Aguinldo’s report on “24 Oras”, Atty. Theodore Te of the Free Legal Assistance Group stated this ruling could have implications in different instances.
The writ of habeas corpus was generally granted earlier than an individual was put into jail or after being judged if their rights have been violated.
“So during the in-between period when the person is being tried for a case, hindi available ang habeas corpus. That is what the court did here in this resolution, na yung in-between period when a person is being tried, available na ang habeas corpus kapag naipakita na may violation sa right to a speedy trial,” Te stated.
Te stated this can be tried by different accused who’ve suffered delays within the prosecution of their instances.
“Senator De Lima and among others who can benefit from the resolution should probably try it. Kasi hindi lang naman si senator De Lima dahil marami pang ibang nakakulong na mas mahaba pa kay senator De Lima. They might be able to avail of the benefit, why not?” Te stated.
According to Chino Gaston’s “24 Oras” report, Solicitor General Menardo Guevarra clarified that the discharge of Reyes didn’t imply that she is free from her case.
He stated the OSG will research the attainable results of the excessive court docket’s ruling on different instances.
“The Supreme Court has made it clear that its ruling on the petition for habeas corpus is not tantamount to an acquittal of the accused nor a dismissal of any of her pending cases,” Guevarra stated in a textual content message.
De Lima has been detained on the Philippine National Police Custodial Center inside Camp Crame since February 2017 over allegations that she benefited from the unlawful drug commerce contained in the New Bilibid Prison when she was Justice secretary.
Last February 2021, De Lima was acquitted in one of many unlawful medication instances filed in opposition to her.
However, the listening to of the 2 remaining instances in opposition to her continues on the Muntinlupa City Regional Trial Court. —NB, GMA Integrated News
