Muntinlupa court affirms De Lima’s acquittal in second drug case

Mike Navallo, ABS-CBN News 

<div class="embed-wrap"><figure data-feedback="fb:likes,fb:comments"><img alt=" Senator Leila DeLima emerges from the Muntinlupa Regional Trial Court escorted by heavy security on May 12, 2023 after the court acquitted her of charges of illegal drug trading. Jonathan Cellona, ABS-CBN News" src="https://sa.kapamilya.com/absnews/abscbnnews/media/2023/news/05/12/20230512-leila-delima-case-promulgation-jc-3095.jpg"/><figcaption>Senator Leila DeLima emerges from the Muntinlupa Regional Trial Court escorted by heavy security on May 12, 2023 after the court acquitted her of charges of illegal drug trading. Jonathan Cellona, ABS-CBN News</figcaption></figure></div> MANILA — A Muntinlupa court has junked the prosecution&#x27;s bid to reverse former Sen. Leila de Lima&#x27;s acquittal in her second drug case last May. In an order dated July 6, Muntinlupa Regional Trial Court Branch 204 Judge Abraham Joseph Alcantara denied the prosecution’s motion for reconsideration due to “lack of merit.”&quot;Every acquittal becomes final immediately upon promulgation and cannot be recalled for correction or amendment. With the acquittal being immediately final, granting the State&#x27;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 second jeopardy despite their acquittal,” the court said.The constitutional prohibition against double jeopardy bars an accused from being prosecuted twice for substantially the same crime.Alcantara acquitted De Lima and co-accused Ronnie Dayan of conspiracy to commit illegal drug trading in May this year, citing the retraction of former Bureau of Corrections OIC Rafael Ragos who initially claimed he personally delivered drug money to De Lima’s residence in Parañaque in November and December 2012.Ragos later on accused former Justice Secretary Vitaliano Aguirre II of coercing him to testify against De Lima, a claim Aguirre denied.<ul class="op-related-articles">	<li><a href="https://news.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></li></ul>In moving to reconsider the ruling, the prosecution had argued Ragos’ recantation did not affect his original testimony, which Ragos allegedly voluntarily gave before the House of Representatives, the Senate, the media and the court.But the court said a judgment of acquittal was final and immediately executory upon promulgation and could only be challenged through a petition for certiorari under Rule 65 of the Rules of Court on 2 rare exceptions, namely, mistrial or deprivation of due process, and grave abuse of discretion. “Considering the foregoing, the Court finds no compelling reason to reconsider the acquittal… Here, the prosecution was fully afforded due process and given all the opportunity to present its case. However, upon appreciation of the totality of evidence presented by both parties, this Court found reasonable doubt to acquit the accused,” the court’s order said. De Lima, whose first drug case was dismissed in February 2021, still faces a third drug case which was recently raffled off to the sala of Muntinlupa RTC Branch 206 Judge Gener Gito.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/02/17/21/muntinlupa-court-junks-1-of-3-drug-cases-vs-de-lima">Muntinlupa court junks 1 of 3 drug cases vs De Lima</a></li></ul>Gito will decide De Lima’s motion for reconsideration of the denial of her bail petition by Muntinlupa RTC Br. 256 Judge Romeo Buenaventura.Buenaventura later inhibited upon the motion of De Lima’s co-accused, after they complained of his brother’s involvement in preparing a discredited affidavit for Dayan while working for former House Justice Committee chair Rep. Reynaldo Umali, who spearheaded a congressional probe into De Lima’s alleged ties to the Bilibid drug trade. Alcantara, who took over the case, also inhibited after the prosecution used his prior acquittal of De Lima to question his impartiality.<ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/06/07/23/muntinlupa-court-denies-leila-de-limas-bail-petition">Muntinlupa court denies Leila de Lima&#x27;s bail petition</a></li></ul>Gito will next hear De Lima’s remaining drug case on August 1 at 8:30 a.m.

A Muntinlupa court has junked the prosecution's bid to reverse former Sen. Leila de Lima's acquittal in her 2nd drug case last May. 

Muntinlupa court affirms De Lima’s acquittal in second drug case | ABS-CBN

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Muntinlupa court affirms De Lima’s acquittal in second drug case

Muntinlupa court affirms De Lima’s acquittal in second drug case

Mike Navallo,

ABS-CBN News

Published Jul 28, 2023 05:58 PM PHT

Read More:

Leila de Lima

de Lima

drug case

Muntinlupa

Muntinlupa Regional Trial Court Branch 204

Ragos

ANC

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