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Sino ka ba? De Lima camp says Umali can’t file disobedience to summons case vs senator

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By Xave Gregorio

The camp of Senator Leila de Lima said House Committee on Justice chair Rep. Reynaldo Umali is not in the position to file a disobedience to summons case against the senator, as he does not represent the House of Representatives.

De Lima abogado Boni Tacardon said Article 150 of the Revised Penal Code, which prohibits disobedience to summons issued by the national assembly, its committees or subcommittees, does not provide for a private respondent.

This means that individuals cannot sue in their personal capacity.

“Kung sinasabi niya na he’s doing this in his personal capacity, malaking question ‘yun. Dahil nga, ang na-violate dito, not merely Congressman Umali, but the, sinasabing, rules of the House,” Tacardon said.

Umali admitted during his cross examination at the case hearing on Friday (January 5) that he filed a case without written permission from a House body or Speaker Pantaleon Alvarez.

“Hindi naman siya ‘yung House eh. Hindi siya nag-issue ng subpoena in his personal capacity, tama ‘di ba? Hindi subpoena niya na-violate dito eh, ‘yung subpoena ng committee,” Tacardon said.

Tacardon, however, did not refute that De Lima violated a House committee’s subpoena.

De Lima in 2016 snubbed a House probe on the alleged drug trade in the New Bilibid Prison and allegedly instructed former driver and boyfriend Ronnie Dayan to not attend hearings through a text message sent to his daughter Hanna Mae.