Court of Appeals division, binaliktad ang pagpapawalang-sala ni Leila de Lima sa isang kaso ng droga

- The Court of Appeals has reversed Leila de Lima’s Acquittal in one of the drug cases filed against her

- The CA Eighth Division voided the RTC’s acquittal, citing grave abuse of discretion, and ordered a new ruling

- The appellate court agreed with the OSG’s argument that the RTC decision relied solely on a witness's recantation without proper analysis of evidence.

- Despite the reversal, De Lima’s team asserts she will not be immediately detained, citing double jeopardy, and plans to challenge the CA’s decision

The legal saga surrounding former senator and incoming congresswoman Leila de Lima’s drug cases has taken a new turn as the Court of Appeals (CA) Eighth Division has voided her earlier acquittal in one of the cases.

The appellate court granted the petition for certiorari filed by the Office of the Solicitor General (OSG), effectively reversing the decision of a Muntinlupa City Regional Trial Court (RTC) that had cleared De Lima in a case involving former Bureau of Corrections (BuCor) chief Rafael Ragos.

The CA’s decision, dated April 30 but made public on Thursday, May 15, orders the RTC to issue a new ruling on the matter.

The OSG had challenged the RTC’s acquittal, arguing that Presiding Judge Abraham Joseph Alcantara committed grave abuse of discretion in his decision.

The CA, in its 12-page decision penned by Associate Justice Eleuterio Bathan, agreed with the OSG’s contention.

The appellate court stated that Judge Alcantara’s acquittal relied “solely” on the recantation of Rafael Ragos, a key witness in the case, without providing sufficient analysis of the entire evidence presented by the prosecution.

The CA emphasized that the RTC decision lacked a detailed examination of the factual and legal bases for concluding that the prosecution had failed to prove De Lima’s guilt.

According to the appellate court, a court decision that lacks such fundamental elements is considered void and without legal effect.

Furthermore, the CA pointed out that Judge Alcantara failed to specify which of Ragos’ statements were retracted, making it difficult to understand how this recantation led to the acquittal.

The appellate court asserted that the lower court merely stated that Ragos's recantation discredited the claim of conspiracy without elaborating on which element of the crime the prosecution failed to establish.

Despite this reversal, De Lima’s legal defense team has clarified that the congresswoman-elect will not be immediately returned to detention.

They maintain that the acquittal remains enforceable until the Supreme Court rules otherwise, citing the principle of double jeopardy, which generally protects an acquitted individual from being tried again for the same crime.

However, the CA’s decision to void the acquittal was based on its finding of grave abuse of discretion, an exception to the double jeopardy rule.

De Lima’s legal team has indicated their intention to file a motion for reconsideration with the Court of Appeals.

De Lima, who has been free from detention since November 2023 after nearly seven years in police custody, is poised to serve as a lawmaker in the upcoming 20th Congress as the first nominee of Mamamayang Liberal party-list.

She has also accepted a role in the House of Representatives’ prosecution team for the upcoming impeachment trial of Vice President Sara Duterte.

The drug cases against De Lima were filed during the administration of former President Rodrigo Duterte.

Leila de Lima, is a former senator and a congresswoman-elect of the Republic of the Philippines. She has been released from prison in 2023 after the final dr*g case against her was dismissed by the court. She has been incarcerated since 2017. It was alleged that the senator used dr*g money for her campaign in 2016.

Meanwhile, in a recent post on social media, congresswoman-elect Leila De Lima was seen dancing with former VP Leni Robredo and actress Nadine Lustre. This was after the actress, former vice president, and former senator hopped on a TikTok trend. As seen in the video posted on Robredo’s Facebook account, the three took on the “Anxiety” dance challenge. As of this writing, the video has already garnered more than 7 million views on the said platform.

In other previous news, the former senator and congresswoman-elect called former President Rodrigo Duterte’s arrest deeply personal, recalling her own imprisonment on what she says were fabricated charges. She emphasized that Duterte must now face justice not in public opinion but under the rule of law. De Lima stated that his arrest is not about vengeance but about accountability for the victims of his drug war. Lastly, she acknowledged the efforts of human rights advocates and families of victims, saying their fight for justice continues.

Source: KAMI.com.gh