Muntinlupa court affirms De Lima’s acquittal in last drug case
MANILA, Philippines – A Muntinlupa City court has upheld its decision that acquitted former senator Leila de Lima in her third and last drug case.
Muntinlupa City Regional Trial Court Branch 206 Presiding Judge Gener Gito denied the prosecution’s appeal against the decision in an order dated August 7, but was made public on Thursday, August 29. After Judge Gito cleared De Lima of conspiracy to commit drug trading last June, the prosecution filed a motion to ask the court reconsider its decision.
De Lima was cleared by the court after it granted her motion for demurrer to evidence, which is tantamount to acquittal. Under existing laws, an acquittal cannot be appealed because it will place a person under double jeopardy (prosecuting a person twice for the same offense), which is prohibited. Judge Gito discussed this principle in his ruling.
A way for the prosecution to challenge an acquittal is by showing there’s grave abuse of discretion or prove that the court has erred in its ruling through a petition for certiorari. However, the judge said the prosecution’s arguments in the appeal mainly dealt with how the Court looked into the evidence presented by the prosecution, and not if whether the court erred in acquitting the former senator.
“It did not cite any instance in the Court’s Order that in having such kind of conclusion, the Court encroached into the area of grave abuse of discretion,” the ruling read.
“Having failed to cite any instance of grave abuse of discretion on the part of the Court, which is the only thoroughfare to vacating a judgement of acquittal, there is therefore no reason for this Court to reconsider its Order dated July 19, 2024,” it added.
In her last case, the former lawmaker was accused of being complicit in the “widespread drug trade” inside the New Bilibid Prison’s maximum security compound, in her capacity as former justice secretary who had supervisory powers over the national penitentiary. Bilibid convicts were also allegedly able to bribe her with P70 million, which she was also accused of using to run and win as senator in 2016.
The court acquitted De Lima because it said the testimonies of prosecution witnesses were not enough to prove the allegations. (READ: EXPLAINER: Why court acquitted Leila de Lima in last drug case)
In total, De Lima faced three drug cases all filed under former president Rodrigo Duterte’s time. The former senator secured her first drug acquittal in 2021, when Muntinlupa City RTC Branch 205 granted her demurrer, clearing her from Criminal Case No. 17-166, in which she was linked to alleged drug lord Peter Co. In May 2023, Muntinlupa City RTC Branch 204 acquitted her in Criminal Case No. 17-165.
The court said the retraction of the government’s star witness, former Bureau of Corrections chief Rafael Ragos, created “reasonable doubt” about the accusations against De Lima. Even before her last acquittal, De Lima has already been freed from detention after Judge Gito granted her bail in November 2023.
De Lima now serves as the spokesperson of once-ruling Liberal Party. – Rappler.com