MANILA, Philippines - A day before the courts were to hear her motions contesting the drug charges against her, Sen. Leila de Lima was ordered arrested by a judge who cited “sufficient probable cause” to issue an arrest warrant.

In a one-page order, Muntinlupa Regional Trial Court Branch 204 Judge Juanita Guerrero also ordered the arrest of De Lima’s co-accused, former driver and lover Ronnie Dayan and National Bureau of Investigation (NBI) deputy director Rafael Ragos.

De Lima was in her fifth floor office at the Senate when news of the court’s order broke yesterday. She emerged from the office at past 7 p.m. to face the press, then went home to prepare for detention.

Police went to her home to arrest her, but missed her as she returned to the Senate, where she spent the night.

Dayan was arrested at 7 p.m. at his home in Aplaya, Barangay Galarin in Urbiztondo, Pangasinan. He did not resist arrest.

In Davao City, President Duterte did not comment on De Lima’s impending arrest when he addressed the Knights of Rizal.

The cases for the sale and trading of illegal drugs and liability of government officials under Republic Act 9165, the Comprehensive Dangerous Drugs Act, are non-bailable.

The RTC judge said there was probable cause to proceed with the charges filed by the Department of Justice (DOJ) last Feb. 17 against the senator.

“After a careful evaluation of the herein information and all the evidence presented during the preliminary investigation conducted in this case by the Department of Justice, Manila, the Court finds sufficient probable cause for the issuance of warrants of arrest against the accused Leila de Lima, Rafael Marcos Ragos and Ronnie Palisoc Dayan,” read the order.

The court issued the arrest warrant despite De Lima’s pending motion for the dismissal of the charges and deferment of issuance of arrest order while judicial determination of probable cause is ongoing.

De Lima is facing two other counts of drug cases before RTC branch 205 under Judge Amelia Fabros-Corpuz and branch 206 under Judge Patria Manalastas-De Leon.

Her nephew Jose Adrian Dera is included in the second count in branch 205.

The third count in branch 206 included former Bureau of Corrections chief Franklin Bucayu, his alleged bagman Wilfredo Elli, convict Jaybee Sebastian, De Lima’s former bodyguard Jonel Sanchez, Dayan and Dera.

Guerrero issued the arrest warrant at 4 p.m., a staff told The STAR over the phone.

As of 4:30 p.m., the sheriff who was to serve the warrant was out implementing another order not related to De Lima’s case, Guerrero’s staff said.

The cases against De Lima stemmed from the complaints filed by the Volunteers Against Crime and Corruption (VACC), former NBI deputy directors Reynaldo Esmeralda and Ruel Lasala, and Sebastian.

Day in court

Reacting to the arrest order on De Lima, presidential spokesman Ernesto Abella said she “will now have her day in court where she will have full opportunity to prove her claim of innocence.”

“The war on illegal drugs targets all who are involved, and the arrest of an incumbent senator demonstrates the President’s strong resolve to fight pushers, peddlers and their protectors and that his government will not yield until the last pusher and trader are out of the streets victimizing the Filipino youth,” he added.

“This we owe to the Filipino youth and the future generations for whom we build a nation worthy of Filipinos; and Filipinos worthy of the nation,” he said.

“Let her rest tonight and meditate on her sins of omission and commission that brought her to the rot she is in,” chief presidential legal counsel Salvador Panelo said.

“Hopefully, in her meditation she will come to the realization on the validity of the cardinal principle that what you sow is what you reap. She is now reaping the whirlwind of what she has sown,” he added.

“Justice is working in our beloved nation,” said Speaker Pantaleon Alvarez, an ally of President Duterte who initiated and led the House probe on the senator’s alleged drug links to convicted drug lords. It was also “a victory of the war against drugs,” he said.

The Speaker said the House inquiry into the illegal drug trade at the New Bilibid Prison “yielded enough evidence that indeed, she has violated the Dangerous Drugs Act.”

“She should now prepare her legal defense… Let the wheels of justice turn and take its course,” he added.

A total of 16 policemen, including three officials, have been tasked to provide security to De Lima.

An official of the Criminal Investigation and Detection Group (CIDG) said policewomen would be among those to serve the warrant of arrest against De Lima to ensure her rights as a woman would be respected.

Senior Insp. Lea Galvan of the CIDG-National Capital Region (NCR) earlier instructed the 16 police officers to wear the official CIDG shirt and six-pocket khaki pants. But an hour later, they were directed to change to general office attire as part of procedure in serving warrants of arrest.

Galvan said the deployment was based on verbal instructions from CIDG-NCR Senior Supt. Belli Tamayo.

Political persecution

Senators from the Liberal Party (LP) condemned what they called political persecution of a “brave administration critic” and expressed fears for her safety in detention.

LP president and Sen. Francis Pangilinan and Senators Franklin Drilon and Paolo Benigno Aquino IV in a statement maintained that it was the Sandiganbayan, not the Muntinlupa RTC, that has jurisdiction over De Lima’s three drug cases.

“We heard that this judge (Guerrero) just came from Macau, and the motion to quash (the charges) was voluminous. She should read the motion first. The haste is deplorable,” they said.

“We fear for Sen. Leila’s life and security given what happened to Albuera Mayor Espinosa and Korean businessman Jee Ick-joo, who were both killed inside police-controlled facilities,” they said.

They described the arrest order as “purely political vendetta and has no place in a justice system that upholds the rule of law.” Moreover, the order was “condemnable” as they stressed that an arrest based on trumped-up charges is illegal.

They reiterated the Office of the Ombudsman has primary jurisdiction over cases against public officers “cognizable by the Sandiganbayan.”

Violation of the Dangerous Drugs Act, which is the DOJ’s case against De Lima, falls under “other offenses committed by public officials” listed in the Sandiganbayan Law, they maintained.

“We maintain that if this warrant of arrest is served, it would be a clear violation of legal proceedings and is therefore a violation of her Constitutional right to due process,” they said.

Drilon said he was “saddened by what happened.” He said his advice to De Lima is “we will avail of all the remedies under the law, including bringing these issues to the appellate courts.”

Pangilinan, Aquino and LP ally Sen. Risa Hontiveros paid a visit to De Lima in her office at the Senate to show their solidarity.

“This is an ugly episode. I hope she is afforded respect and given an opportunity to be with family members. I pray for her safety,” Akbayan Rep. Tom Villarin said.

“She is a victim of political persecution as charges against her are trumped up. It demeans our sense of justice and fairness,” he said.

Before news of her arrest came out, De Lima said she hoped to meet UN special rapporteur on extrajudicial, summary or arbitrary executions Agnes Callamard in Switzerland next month.

De Lima has an invitation to attend the 15th International Film Festival and Forum on Human Rights in Geneva, Switzerland on March 18.

“Your tireless advocacy of the respect of fundamental rights in your country has earned you the unanimous respect and admiration of the human rights community around the world,” Isabelle Gattiker, director of the festival, said in a letter of invitation to De Lima.

The international film festival and forum on human rights is organized in collaboration with the UN Office of the High Commissioner for Human Rights and the Swiss Federal Department of Foreign Affairs.

De Lima, if allowed to leave the country, will also have a chance to meet with Ruth Dreifuss, former president of the Swiss Confederation and chair of the Global Commission on Drug Policy.

De Lima filed Senate Resolution No. 153 urging the Department of Foreign Affairs (DFA) to invite Callamard to look into the spate of extrajudicial killings and summary executions in the country. With Paolo Romero, Christina Mendez, Marvin Sy, Jess Diaz, Delon Porcalla, Cecille Suerte Felipe