MANILA, Philippines – For former Solicitor General Florin Hilbay, the government does not really have a case against detained Sen. Leila De Lima, saying “drug trading” is not applicable to her case.

At the oral arguments on De Lima’s petition against Muntinlupa Regional Trial Court Branch 204 Presiding Judge Juanita Guerrero, Hilbay said that the Department of Justice and the Office of the Solicitor General do not agree on the nature of the charge against the petitioner.

DOJ charged De Lima with the crime of Illegal Drug Trading under Section 5 of the Dangerous Drugs Act while the the Office of the Solicitor General said that the charge against petitioner is Conspiracy to Engage in Illegal Drug Trading under Sec. 26(b) of the same law.

“So, while the DOJ alleges in its defective Information that petitioner is an actual drug lord—a master of puppets—the OSG is now saying petitioner is a theoretical drug lord—a drug lord in words and not by deed— one who merely conspired to trade in drugs with alleged co-conspirators but actually never did so,” Hilbay said in his opening statement.

Hilbay said that the crime alleged against De Lima is “illegal drug trading” committed by demanding, soliciting, and extort money from the high-profile inmates in the New Bilibid Prison. However, he said the inmate witnesses do not allege that petitioner was engaged in these types of transactions.

Hilbay said this means a public official who allegedly solicits money can only be charged with corruption since the official merely profits from the illegal business, but is not engaged in it.

“She cannot be charged with drug trading because she’s agnostic about the source of the money, whether it’s drugs or some other legitimate or illegitimate transaction,” Hilbay said.

The former solicitor general also mentioned that De Lima was also accused of Direct Bribery under Article 210 of the Revised Penal Code, which he stressed was a bailable offense.

He also argued that the said the petitioner was also charged for “coddling or protecting” a person who sells or trades dangerous drugs, which he said if proven is also a bailable offense.

“Make no mistake, Your Honors, by the official conflicting, incompatible theories of the DOJ and the OSG, we now have evidence that the government doesn’t have a case,” he concluded.