De Lima may sue DOJ for 'never-ending cycle of persecution' despite acquittal
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De Lima may sue DOJ for 'never-ending cycle of persecution' despite acquittal
Former Sen. Leila de Lima. Jonathan Cellona, ABS-CBN News/File
Former Sen. Leila de Lima. Jonathan Cellona, ABS-CBN News/File MANILA — The lawyer of Mamamayang Liberal Rep. Leila de Lima on Wednesday said they may file a case over Department of Justice prosecutors filing a motion for reconsideration on her acquittal on a drug case, saying the government is still insisting on the "most expensive frame-up in Philippine history."
MANILA — The lawyer of Mamamayang Liberal Rep. Leila de Lima on Wednesday said they may file a case over Department of Justice prosecutors filing a motion for reconsideration on her acquittal on a drug case, saying the government is still insisting on the "most expensive frame-up in Philippine history."
"It doesn't make any legal sense," lawyer Dino De Leon, De Lima's counsel told ANC's "Dateline Philippines", adding acquittals cannot be the subject of motions for reconsideration.
"It doesn't make any legal sense," lawyer Dino De Leon, De Lima's counsel told ANC's "Dateline Philippines", adding acquittals cannot be the subject of motions for reconsideration.
"[B]ut they've done that already before and they in fact even elevated an acquittal to the Court of Appeals... unheard of for us practitioners of criminal law," he said.
"[B]ut they've done that already before and they in fact even elevated an acquittal to the Court of Appeals... unheard of for us practitioners of criminal law," he said.
He said De Lima had already been acquitted twice in the same case, making the DOJ's latest move part of a "never-ending cycle of persecution, never-ending cycle of filing of bogus charges."
He said De Lima had already been acquitted twice in the same case, making the DOJ's latest move part of a "never-ending cycle of persecution, never-ending cycle of filing of bogus charges."
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De Lima was tried and acquitted in three drug cases that she has maintained were manufactured and were politically motivated.
De Lima was tried and acquitted in three drug cases that she has maintained were manufactured and were politically motivated.
In April, the CA voided De Lima's acquittal in one of her illegal drugs charges based on alleged lack of "analysis" and "reference to legal bases". The appellate court remanded it to the lower court, which rewrote the decision.
In April, the CA voided De Lima's acquittal in one of her illegal drugs charges based on alleged lack of "analysis" and "reference to legal bases". The appellate court remanded it to the lower court, which rewrote the decision.
De Leon said they are considering filing a case against the prosecutors and DOJ officials behind the motion.
De Leon said they are considering filing a case against the prosecutors and DOJ officials behind the motion.
"Nawawalan ng faith sa justice system kasi (People are losing faith on the justice system because) these officers of the court are the ones violating their oath, which is why right now we are thinking really of pursuing a case against those people actually authored this persecution — including these prosecutors who seem to not want to stop persecuting Leila De Lima. Kaya titingnan namin ang signatories (We will be looking at the signatories)," he stressed.
"Nawawalan ng faith sa justice system kasi (People are losing faith on the justice system because) these officers of the court are the ones violating their oath, which is why right now we are thinking really of pursuing a case against those people actually authored this persecution — including these prosecutors who seem to not want to stop persecuting Leila De Lima. Kaya titingnan namin ang signatories (We will be looking at the signatories)," he stressed.
"Is the DOJ still in control of this panel of prosecutors? Or is their stand to continue weaponizing the justice system against dissenters of the Dutertes?" De Leon asked.
"Is the DOJ still in control of this panel of prosecutors? Or is their stand to continue weaponizing the justice system against dissenters of the Dutertes?" De Leon asked.
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"If that is not the stand of the DOJ, and the official stand of the Marcos administration, is the panel of prosecutors still under their control?" De Leon asked.
"If that is not the stand of the DOJ, and the official stand of the Marcos administration, is the panel of prosecutors still under their control?" De Leon asked.
The lawyer admitted they were caught off guard because they did not expect the state to pursue the case which former Supreme Court (SC) Associate Justice Antonio Carpio has called "one of the grossest injustices" perpetrated before the Filipino people.
The lawyer admitted they were caught off guard because they did not expect the state to pursue the case which former Supreme Court (SC) Associate Justice Antonio Carpio has called "one of the grossest injustices" perpetrated before the Filipino people.
He said attacks against De Lima probably stemmed from wanting to silence her on her advocacies.
He said attacks against De Lima probably stemmed from wanting to silence her on her advocacies.
'VINDICTIVENESS AND STUBBORN REFUSAL TO ADMIT GRAVE ERROR'
Bagong Alyansang Makabayan (Bayan) also slammed the move, calling it an attempt to "prolong De Lima's ordeal" after being jailed for seven years by "clinging on baseless accusations" and ignoring the absence of credible evidence against her.
Bagong Alyansang Makabayan (Bayan) also slammed the move, calling it an attempt to "prolong De Lima's ordeal" after being jailed for seven years by "clinging on baseless accusations" and ignoring the absence of credible evidence against her.
In a statement, Bayan Chairperson Teddy Casiño urged the courts to uphold De Lima's acquittal. He also called on the Marcos Jr. administration to "put an end to the persecution of political dissenters."
In a statement, Bayan Chairperson Teddy Casiño urged the courts to uphold De Lima's acquittal. He also called on the Marcos Jr. administration to "put an end to the persecution of political dissenters."
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He added: "This desperate legal maneuver reeks not of the pursuit of justice, but of vindictiveness and a stubborn refusal to admit grave error."
He added: "This desperate legal maneuver reeks not of the pursuit of justice, but of vindictiveness and a stubborn refusal to admit grave error."
Casiño likened De Lima's ordeal to the case of Prudencio Calubid Jr., namesake of a "high-ranking NPA leader" and whom police mistakenly arrested.
Casiño likened De Lima's ordeal to the case of Prudencio Calubid Jr., namesake of a "high-ranking NPA leader" and whom police mistakenly arrested.
"In both cases, the pattern is clear: the law is being used not as a tool for justice, but as a weapon to harass, silence, and intimidate dissenters and the powerless. And when the truth comes out, instead of accountability, we are met with evasion, distortion, and a refusal to let go of the lies," he said.
"In both cases, the pattern is clear: the law is being used not as a tool for justice, but as a weapon to harass, silence, and intimidate dissenters and the powerless. And when the truth comes out, instead of accountability, we are met with evasion, distortion, and a refusal to let go of the lies," he said.
The DOJ filed the motion for reconsideration on Tuesday before the Muntinlupa City Regional Trial Court Branch 204, arguing that the court could not just set aside a testimony solemnly taken under oath just because one of the witnesses changed his mind.
The DOJ filed the motion for reconsideration on Tuesday before the Muntinlupa City Regional Trial Court Branch 204, arguing that the court could not just set aside a testimony solemnly taken under oath just because one of the witnesses changed his mind.
The DOJ prosecutors said the recantation of witness Rafael Ragos was not sufficient to "vitiate" or impair, his original testimony, and that it was "corroborated by other witnesses on all material points."
The DOJ prosecutors said the recantation of witness Rafael Ragos was not sufficient to "vitiate" or impair, his original testimony, and that it was "corroborated by other witnesses on all material points."
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