Dennis Gaviola

Former Senator Leila de Lima speaks at the House of Representatives on October 22, 2024, during the Quad-Committee hearing on extrajudicial killings tied to former president Rodrigo Duterte’s drug war. Maria Tan, ABS-CBN News

Article (news)

QUAD-COMM-HEARING

Job Manahan

ABS-CBN News

<div style="text-align:left"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/174730048477720241022-de-lima-leila-quadcomm-MT-1.jpg" style="width:960px" class="fr-fic fr-dib"/>Former Senator Leila de Lima, October 22, 2024. Maria Tan, ABS-CBN News/File </div>MANILA (2nd UPDATE) – The camp of Congresswoman-elect Leila de Lima on Thursday said they have yet to receive a copy of the Court of Appeals (CA) document nullifying a Muntinlupa court ruling that acquitted her in one of her illegal drugs cases. The Muntinlupa RTC Branch 204 in May 2023 acquitted De Lima of conspiracy to commit illegal drug trading &quot;on the ground of reasonable doubt&quot;, about a year after former Bureau of Corrections officer-in-charge Rafael Ragos retracted his claim that he delivered drug money to her in 2012.<div><a href="https://www.abs-cbn.com/news/05/12/23/de-lima-acquitted-of-conspiracy-to-commit-illegal-drug-trading">De Lima acquitted of conspiracy to commit illegal drug trading</a></div>But the CA decision posted at the appellate court’s website on April 30 showed it granted the petition for certiorari filed by the Office of the Solicitor General, which argued that the Muntinlupa court’s decision must be reversed “for failure of the public respondent to substantiate his perception of the alleged insufficiency” of the prosecution’s evidence convicting De Lima and Ronnie Dayan. The CA ruling remanded the case back to the lower court.A petition for certiorari challenges decisions made in excess or lack of jurisdiction or with grave abuse of discretion. “The public respondent’s decision to acquit the private respondents appears to rest predominantly on the purported failure to prove the existence of conspiracy. It must be emphasized, however, that conspiracy, within the context of the present case, is not an independent offense but merely a mode of perpetrating the crime charged,” the CA said. The CA said it was incumbent to Judge Abraham Alcantara of RTC Branch 204 to identify and examine the elements of the crime and determine which lacked evidentiary support affected by Ragos. “In the absence of such a substantive analysis, the public respondent’s disposition is bereft of both factual and legal justification,” the CA said. “The public respondent acquitted the private respondents on the sole basis of the recantation of Ragos but was made with neither analysis of the entire evidence on record nor reference to the legal bases for his conclusion on the supposed resulting inefficiency of the rest of the prosecution’s evidence, in stark violation of the Constitution,” it said. “Accordingly, a court decision lacking in factual and legal bases is void and produces no legal effect,” it added. “In order for a judgment or decision in a criminal case to have a legal and binding effect, it must conform to the standards of clarity, transparency, and reasonableness as mandated both by the Constitution and the Rules of Court,” the decision read. “However, in this case, We find that both the assailed Decision and Order failed to meet these required standards,” it added. <div>DE LIMA SAYS TO APPEAL COURT DECISION</div>In a statement, De Lima said they have read the CA decision, adding that it seemed like the Court is asking the RTC to repeat the writing of its decision because it is not clear.“Nabasa na namin ang decision ng Court of Appeals na ibalik sa Regional Trial Court  ang isa sa mga kaso kung saan na-acquit na ako. Kataka-taka itong desisyon na ito na mistulang pinapaulit ng CA ang pagkasulat ng desisyon ng RTC dahil daw hindi ito masyadong malinaw,” she said.“Naniniwala rin kami na lahat ng sagot sa mga tanong ng CA sa decision nila ay maaring makita sa records ng kaso. Baka kailangan lang namin iturong muli sa kanila sa aming Motion for Reconsideration ang mga specific na portions ng records kung saan makikita ang mga sagot sa kanilang mga katanungan,” De Lima added.De Lima also said they will file an appeal, even if they have to reach the Supreme Court.“Gayunpaman, iaapela namin ang decision ng CA hanggang Supreme Court kung kinakailangan. Samantala, hindi pa ito nangangahulugan na wala nang bisa ang aking acquittal. Final and unappealable ang aking acquittal dahil sa prinsipyo ng double jeopardy, habang appealable pa naman hanggang Supreme Court ang desisyon ng CA. Sa ngayon, mas matimbang pa rin ang pagpapawalang-sala sa akin ng RTC,” she said.Despite the recent developments, De Lima gave the assurance that it will not affect her return to public service.“Gayunpaman, hindi ito magiging hadlang sa pagbabalik ko sa serbisyo-publiko at ipagpapatuloy ko ang aking preparasyon sa pagsulong ng Hustisya at Reporma sa Kongreso,” she said.In an earlier interview, Atty. Dino de Leon said they will exhaust all legal measures regarding the matter, should the CA ruling be true. De Lima, he said, was shocked when they heard the development from media outlets. He added they would wait for the decision.  “Medyo nagulat kami kasi alam naman natin na ang acquittal… hindi dapat yan nire-reverse. Kami naman ay naniniwala kasi alam naman niya ang totoo. Truth is on her side, justice will eventually prevail,” he said. De Lima, the first nominee of ML Party-list, this Wednesday accepted the offer to join the House of Representatives&#x27; prosecution team against Vice President Sara Duterte because she believes she can contribute to her &quot;successful prosecution.&quot;She was detained for 7 years and was released in 2023 for her illegal drugs cases.

The Court of Appeals has nullified the decision of Muntinlupa Regional Trial Branch 204 acquitting congresswoman-elect Leila de Lima in one of her illegal drugs cases.

The Court of Appeals has nullified the decision of Muntinlupa Regional Trial Branch 204 acquitting congresswoman-elect Leila de Lima in one of her illegal drugs cases.

Court of Appeals remands De Lima drug case to lower court

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Court of Appeals remands De Lima drug case to lower court

Job Manahan,

ABS-CBN News

Published May 15, 2025 05:15 PM PHT

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Updated May 15, 2025 08:08 PM PHT

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