DOJ: No reversal per se by CA of De Lima acquittal

The decision of the Court of Appeals on former Sen. Leila De Lima's acquittal by the Muntinlupa Regional Trial Court wasn't a reversal, the Department of Justice said on Friday.

DOJ spokesman Atty. Mico Clavano said the appellate court remanded the Muntinlupa RTC's ruling to the lower court to clarify its decision.

“So this is not a reversal per se of the acquittal, it is more of a remanding of the decision to clarify the decision. So 'yun po ang procedure,” Clavano said.

“Mukhang magi-stay ang acquittal niya. It is believed na status quo muna ang decision ng RTC habang nililitis pa po ito sa court of appeals dahil may remedy pa po si congresswoman elect na motion for reconsideration doon sa decision na yun.” 

(It seems that her acquittal will stay. It is believed that the RTC's decision will remain in status quo while it is still being tried in the Court of Appeals because the congresswoman-elect still has a remedy, a motion for reconsideration, in that decision.) 

De Lima earlier has said that she would appeal before the Supreme Court the CA ruling. 

“Nagtataka lang po kami diyan sa desisyon na 'yan kasi parang ang sinasabi lang is that hindi masyadong maganda o tama o kulang-kulang 'yung pagkakasulat nung respondent judge,” De Lima told in an interview with “Balitanghali” on Friday. 

(We are just wondering about that decision because it seems like all it says is that the respondent judge's writing is not very good or correct or incomplete.) 

“Wala namang sinasabi doon sa desisyon ng Court of Appeals na magkaroon uli ng paglilitis, ang sinasabi lang ayusin 'yung desisyon, mag-comply doon sa constitutional standard na sinasabi na dapat malinaw 'yung nilalagay 'yung malinaw ilalagay 'yung batas na sa tingin namin,” she added. 

(There is nothing in the Court of Appeals' decision that states a need for retrial, it just says to fix the decision, to comply with the constitutional standard that says that what is stated should be clear, that the law will be clearly stated, in our opinion.) 

Who will take up the case? 

With the drug case to be remanded to the Muntinlupa RTC, the Office of the Solicitor General said that the case would be handled by the DOJ. 

“The CA decision speaks for itself. When the case gets remanded to the trial court, the DOJ prosecutors will take it from there. But when it goes up to the Supreme Court, the OSG will continue to represent the people of the Philippines,” said Solicitor General Menardo Guevarra in a message to reporters. 

However, the DOJ said that it only had a limited role in the said case. 

“The role of the prosecution ended in the regional trial court. Ang mga prosecutors po ay nag-participate doon sa case sa RTC. Pero kapag nabasa niyo po ang ating batas, kapag inapela po ang isang criminal case sa Court of Appeals, ang magha-handle na po niyan ay ang Office of the Solicitor General,” said Clavano.

(The role of the prosecution ended in the regional trial court. The prosecutors participated in the case in the RTC. But if you read our law, when a criminal case is appealed to the Court of Appeals, the Office of the Solicitor General will handle it. )

Clavano said De Lima was not the party in the certiorari filed by the OSG. The other party in the certiorari is Muntinlupa Regional Trial Court Branch 204 Presiding Judge Abraham Alcantara, who cleared De Lima and her former aide Ronnie Dayan from illegal drug trading charges, he explained. 

“Maganda rin po i-point out na hindi po si congresswoman-elect De Lima po ang party sa case na ‘yun dahil certiorari po ang finile, kundi ang magiging party po diyan ay ang judge na sinasabing lumabag po sa kanyang hurisdiksyon,” said Clavano. 

(It is also good to point out that Congresswoman-elect De Lima is not the party in that case because it is certiorari, but the party in that case will be the judge who is said to have violated his jurisdiction.) 

“Kumbaga ang basis for certiorari ay ang alleged grave abuse of discretion ng RTC Muntinlupa. So magandang ipaliwanag po ‘yun, dahil ang ibig sabihin niyan hindi po ang merits ng case ng RTC ang pinaguusapan sa Court of Appeals.” 

(It seems that the basis for certiorari is the alleged grave abuse of discretion of the RTC Muntinlupa. So it would be good to explain that, because that means that the merits of the RTC case are not being discussed in the Court of Appeals.) 

'Failed to discuss'

In a 12-page decision dated April 30, the Eighth Division of the CA granted the petition for certiorari filed by the OSG and remanded the case to Branch 204 of the Muntinlupa RTC. 

Alcantara's basis for the acquittal of De Lima and Dayan was the recantation of Bureau of Corrections chief Rafael Ragos in 2022.  

But the CA division said that Alcantara “failed to discuss the specific proven facts as well as the laws upon which his pronouncement of acquittal was based.” 

“Instead, he merely posited that the recantation of witness Ragos effectively discredited the claim of conspiracy,” the decision read. 

The DOJ explained that the appellate court is just seeking clarification on how the Ragos’ recantation affected the prosecution. 

“Gusto pong ipaliwanag ng Court of Appeals ay ano po ang naging effect ng pag-recant noh, at ano sa nga statements ni former director general Ragos ang naka-effect sa kaso ng prosecution,” said Clavano. 

(The Court of Appeals would like to explain what the effect of the recantation was, and what statements by former director general Ragos had on the prosecution's case.) –NB, GMA Integrated News