Jamaine Punzalan

Former Senator Leila De Lima leaves the Muntinlupa Regional Trial Court after RTC Branch 206 granted a demurrer in her third and last remaining drug case on June 24, 2024. Jonathan Cellona, ABS-CBN News/File

Article (news)

Job Manahan

<div><span class="fr-img-caption fr-fic fr-dib" style="width:960px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/174736967691120240624-de-lima-muntinlupa-rtc-demurrer-JC1832.jpg" style="width:960px" class="fr-fic fr-dib" alt="Former Senator Leila De Lima leaves the Muntinlupa Regional Trial Court after RTC Branch 206 granted a demurrer in her third and last remaining drug case on June 24, 2024. Jonathan Cellona, ABS-CBN News/File"/><span class="fr-inner" style="text-align:left">Former Senator Leila De Lima leaves the Muntinlupa Regional Trial Court after RTC Branch 206 granted a demurrer in her third and last remaining drug case on June 24, 2024. <em>Jonathan Cellona, ABS-CBN News/File</em></span></span></span></div><div><br/></div><p>MANILA – Former Senate President Franklin Drilon on Friday said the Court of Appeals’ (CA) move remanding Mamamayang Liberal party-list nominee Leila de Lima&#x27;s case to a lower court was due to the lack of substantive explanation on the judge’s decision and did not mean that she would face retrial.</p><p>The Muntinlupa Regional Trial Court 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.</p><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><p>The CA decision posted on the 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.</p><p>The appellate court remanded the case back to the Muntinlupa court.</p><p>Drilon, a former justice secretary, said De Lima remained acquitted and there would be no retrial.</p><p>“Yung sinasabi ng Court of Appeals, ‘Bakit hindi sinasabi ang basehan ng decision?’ Ang basehan ay ang ebidensya na hinarap sa husgado. Ang sabi ng RTC, ‘Walang sapat na ebidensya to convict De Lima,’” Drilon told Teleradyo Serbisyo.</p><p>“Hindi nag-order ang Court of Appeals na magkakaroon ng pagbabagong paglilitis. Walang order na magkaroon ng bagong paglilitis. Ang sinasabi ng CA, i-cite ang pieces of evidence on record na basehan ng pag-acquit kay Leila,” he added.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/5/15/court-of-appeals-remands-de-lima-drug-case-to-lower-court-1715">Court of Appeals remands De Lima drug case to lower court</a></div><div><br/></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/bAGGfH9IoPQ?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>Drilon emphasized that the appellate court did not say that De Lima was guilty, rather, it was questioning the judge’s ability to write.</p><p>The CA just wanted the judge, he said, to also specifically point out in the record what the witness said in recanting De Lima’s implication in the drug case.</p><p>“Siguro writing skill, medyo baka nagkulang sa tingin ng CA. Mahina siguro gumawa ng desisyon pero hindi ibig sabihin na mali ang desisyon,” he said.</p><p>“Ang ebidensya ay nandoon sa record. Ang sinasabi lang ng Court of Appeals, ‘Bakit hindi mo cinite sa desisyon mismo na nandoon ang ebidensya na nagpapakita na hindi sapat para i-convict si Leila,’” he added. </p><p>“Hindi sinabing guilty si Leila. Ang sinabi lang, ‘yung decision, hindi cinite yung basehan kung bakit hindi guilty si Leila,” he said.</p><div><br/></div><div><strong>DE LIMA: CA DECISION ‘PUZZLING’ </strong></div><div><br/></div><p>De Lima on Thursday night said her legal team would file a motion for reconsideration.</p><p>She described the CA’s decision as “puzzling.”</p><p>“Perhaps we just need to point out again, through our motion for reconsideration, the specific portions of the records where the answers to their questions can be found,” De Lima said in a statement.</p><p>She said her camp would appeal the CA’s decision to the Supreme Court, if necessary.</p><p>“In the meantime, this does not mean that my acquittal has lost its legal effect,” she said.</p><p>“Nevertheless, this will not be a hindrance to my return to public service, and I will continue my preparations to advance Justice and Reform in Congress,” she said.</p><p>De Lima was detained for 7 years and was released in 2023 for her illegal drugs cases, which she said were politically motivated.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/5/14/de-lima-joining-prosecutors-in-sara-duterte-impeachment-trial-1746">De Lima, Diokno joining prosecutors in Sara Duterte impeachment trial</a></div><div><a href="https://www.abs-cbn.com/news/nation/2025/5/14/ml-party-list-nominee-de-lima-vows-to-be-independent-opposition-fiscalizer-at-house-1651">ML party-list nominee De Lima vows to be &#x27;independent opposition, &#x27;fiscalizer&#x27; at House</a></div>

<p>Former Senate President Franklin Drilon said the Court of Appeals’ move to remand Mamamayang Liberal party-list nominee Leila de Lima' scase to a lower court was due to the lack of substantive explanation on the judge’s decision and did not mean that she would face retrial.</p>

Former Senate President Franklin Drilon said the Court of Appeals’ move to remand Mamamayang Liberal party-list nominee Leila de Lima' scase to a lower court was due to the lack of substantive explanation on the judge’s decision and did not mean that she would face retrial.

No retrial vs De Lima, says Drilon

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No retrial vs De Lima, says Drilon

Job Manahan

Published May 16, 2025 12:34 PM PHT

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Updated May 16, 2025 04:00 PM PHT

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