Muntinlupa court grants withdrawal of appeal vs. De Lima acquittal
A Muntinlupa court has declared the final drug case against Mamamayang Liberal (ML) Representative Leila de Lima as “closed and terminated” after it granted the withdrawal of an appeal challenging her acquittal.
In a 2-page order, the Muntinlupa Regional Trial Court (RTC) Branch 204 granted the prosecution’s motion to withdraw, stressing that an acquittal becomes final immediately upon promulgation and cannot be recalled for correction or amendment.
“With the acquittal being immediately final, granting the State's motion for reconsideration in this case would violate the Constitutional prohibition against double jeopardy because it would effectively reopen the prosecution and subject the accused to a double jeopardy despite their acquittal,” the court said.
The RTC deemed the case “closed and terminated.”
In May 2023, the court acquitted De Lima and her former driver Ronnie Dayan, saying the latter’s retraction cast reasonable doubt on De Lima and Dayan’s involvement in the illegal drug trade inside the New Bilibid Prison.
However, in May this year, the Court of Appeals declared null and void the decision and remanded the case back to the RTC.
In June, the RTC affirmed its decision to acquit De Lima and Dayan, prompting prosecutors to file the motion for reconsideration.
The Department of Justice later said it will withdraw its appeal due to double jeopardy. —VAL, GMA Integrated News