148152607953952

REPUBLIC OF THE PHILIPPINES) QUEZON CITY ) S. S.

COMPLAINT-AFFIDAVIT We, Pantaleon D. Alvarez, Rodolfo C. Fariñas, and Reynaldo V. Umali, all of legal age, Filipino, and Members of the House of Representatives, Philippine Congress, who may be served with notices, subpoenas, pleadings, motions, and other documents at Batasang Pambansa, Constitution Hills, Quezon City, after having been sworn to according to law, hereby depose and say that: 1. We are submitting this Complaint-Affidavit to charge LEILA M. DE LIMA (“Respondent”), of legal age, Filipino, a member of the Philippine bar, and an incumbent member of the Senate of the Philippines. She may be served with notices, subpoenas, pleadings, motions, and other documents through her office at Room 502 and 16 (New Wing 5/F), GSIS Bldg., Financial Center, Diokno Blvd., Pasay City with having committed a violation of Article 150 of the Revised Penal Code.

2. On September 20, 2016, the House Committee on Justice (the “Committee”) conducted a Congressional Inquiry, in connection with House Resolution (“HR”) No. 105, calling for an investigation, in aid of legislation, on the proliferation of drug syndicates at the New Bilibid Prison (“NBP”) during the time of now Sen. Leila De Lima, then Secretary of Justice, including the involvement and accountability of the authorities mandated to exercise control and supervision over the national penitentiaries, and of other law enforcement agencies.

Attached as Annex “A” to this Complaint-Affidavit and made an integral part thereof is a copy of House Resolution No. 105.

3. On various dates, Respondent was invited to attend the hearings on September 20 and 21; and October 5 and 6, all in 2016.

Respondent opted to ignore all invitations and failed to attend any of the hearings conducted by the Committee. Worse, respondent even insulted the House of Representative by calling its Committee a kangaroo court/committee and its proceedings a sham. Needless to state, no action was taken by the Committee against respondent in consideration of the inter-chamber courtesies observed by the two Houses of Congress.

Attached as Annexes “B” and “B-1” to this Complaint-Affidavit and made integral parts thereof are copies of the invitation sent to

Respondent dated September 20 and 21 and the invitation sent to Respondent dated October 5 and 6.

4. Corrollarily, a subpoena dated September 28, 2016 was also issued against Mr. Ronnie Palisoc Dayan (“Mr. Dayan”) to attend the October 6, 2016 hearing of the Justice Committee, but to no avail.

Thus, for failure to submit his sworn statement or affidavit and his failure to attend the same in violation of the Subpoena issued to him; the Committee resolved to issue a Show Cause Order to Mr. Dayan directing him to explain, within 24 hours from receipt, why he should not be cited in contempt.

Attached as Annexes “C” and “D” to this Complaint-Affidavit and made integral parts thereof are copies of the subpoena dated September 28, 2016 and the Show Cause Order directed to Mr. Dayan.

5. Subsequently, on October 10, 2016, the Committee cited Mr. Dayan in contempt, for his refusal, without legal cause, to obey summons issued by the Committee as well for ignoring the Show Cause Order. Accordingly, an Order of Arrest was issued against Mr. Dayan.

Attached as Annex “E” to this Complaint-Affidavit and made an integral part thereof is a copy of the Order of Arrest issued against Mr. Dayan.

6. On November 24, 2016, the Committee reopened the Congressional Inquiry after the arrest of Mr. Dayan in Brgy. San Felipe, San Juan, La Union, to complete its investigation on HR No. 105. During said hearing, it was revealed that Sen. Leila De Lima instructed Mr. Dayan through his daughter, Ms. Hannah Mae Dayan (“Ms. Dayan”) via SMS, to hide and not to appear in the House Inquiry. Their exchange of SMS is as follows: “Hannah Mae: Hi Tita. Good pm po. Mi pinapatanong po si pah. Mo baket daw po mi dumating na supwena sa kanya at ano daw po ggawin nia?

Respondent: Pakisabi sa kanya magtago lang muna siya… Kagagawan yan nila Speaker Alvarez at dikta ni Digong. Pagpipyestahan lang siya at kaming dalawa kapag mag-appear siya sa hearing na yan Hannah Mae: Hindi naman po ba siya huhulihin kapag hindi siya pumunta?

Respondent: Di ba nagtatago naman siya?”

Attached as Annex “E” to this Complaint-Affidavit and made an integral part thereof is a copy of the screen capture of SMS exchange between Ms. Dayan and Respondent.

7. As an incumbent Senator, former Secretary of Justice and a lawyer, advising and inducing Mr. Dayan to hide and not to attend and/or appear in the House Inquiry for which he was duly summoned is tantamount to inducing disobedience to summons issued by Congress, of which she is a sitting member.

8. Indeed, Respondent violated Article 150 of the Revised Penal Code, which provides: “Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. — The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a summon or refusal to be sworn by any such body or official. ” (Emphasis and underscoring supplied) Acts punished as disobedience to the National Assembly or its committee or its Constitutional Commission can be committed by (a) restraining another from attending as a witness in such legislative or constitutional body, and (b) by inducing disobedience to a summon.

9. That we are executing this Complaint-Affidavit to file a formal complaint against Respondent Sen. Leila De Lima for violation of Article 150 of the Revised Penal Code.

IN WITNESS WHEREOF, We have hereunto affixed our signature this ____ day of December 2016 at the City of Manila.

PANTALEON D. ALVAREZ Affiant

RODOLFO C. FARIÑAS Affiant

REYNALDO V. UMALI Affiant

SUBSCRIBED AND SWORN to before me this ____ day of December 2016 at the City of Manila. I hereby CERTIFY that I have personally examined the affiants and that I am satisfied that the foregoing statements were given voluntarily and of their own free will. _________________________