Muntinlupa court affirms De Lima's acquittal in 2nd drug case

A Muntinlupa court has denied the government's plea to reverse the acquittal of detained former Senator Leila de Lima in one of her drug cases.

The Muntinlupa Regional Trial Court Branch 204 denied for lack of merit the prosecution’s motion to reverse the acquittal in the case of De Lima and Ronnie Dayan, her former bodyguard.

"Every acquittal becomes final immediately upon promulgation and cannot be recalled for correction or amendment," the Court said in an order dated July 6.

The court acquitted De Lima and Dayan on May 12, stating that though the prosecution was able to establish the existence of rampant illegal drug trading at the New Bilibid Prison, the retraction of former Bureau of Corrections officer-in-charge Rafael Ragos cast reasonable doubt on De Lima and Dayan’s involvement in it.

In its motion, the prosecution argued that Ragos’ recantation was not sufficient to vitiate his original testimony.

However, the court said that granting the motion would violate the constitutional prohibition against double jeopardy.

"Under the pending motion, the prosecution sought reconsideration of the court’s decision acquitting herein accused. In doing so, the appreciation of evidence presented before this court is again raised as an issue," it said.

"[The] said factual issue necessarily requires a review of the evidence, which is barred by the constitutional right against double jeopardy," it added.

Further, the Court said that it took great care and prudence to evaluate all testimonies and pieces of evidence submitted by both the prosecution and the defense.

It said that it had allowed the prosecution to cross-examine Ragos and that it had reopened the trial and allowed the prosecution to present rebuttal evidence after the defense rested their case.

"Considering the foregoing, the Court finds no compelling reason to reconsider the acquittal," the Court said.

It said that the rule against double jeopardy is only exempted when there has been a deprivation of due process, a mistrial, or a grave abuse of discretion.

"Here, the prosecution was fully afforded due process and given all the opportunity to present its case. However, upon appreciation of the totality of evidence presented by both parties, this Court found reasonable doubt to acquit the accused," it said.

The order was penned by Presiding Judge Abraham Joseph Alcantara, who had inhibited himself from De Lima’s remaining drug case.

Meanwhile, De Lima’s camp said the next hearing for her remaining drug case will be held on August 1 at the Muntinlupa RTC Branch 206.

In February 2021, Branch 205 junked one of her three drug cases. 

De Lima has been detained in Camp Crame since February 2017 on drug allegations, which she repeatedly denied.  — VBL, GMA Integrated News