DOJ appeals ‘revised’ court decision acquitting De Lima
State prosecutors have once again sought to reverse the acquittal of former Justice Secretary Leila de Lima in the second of three drug cases filed by the previous administration against her.
In a 17-page motion for reconsideration dated July 14, a panel of prosecutors from the Department of Justice asked the Muntinlupa City Regional Trial Court (RTC) to reconsider its June 27 decision and declare De Lima, now a House party list representative of Mamamayang Liberal, and her coaccused Ronnie Dayan guilty of conspiracy to commit drug trading.
The RTC earlier issued a “revised” decision which again acquitted De Lima based on an order from the Court of Appeals (CA). In an April 30 ruling, the CA voided De Lima’s acquittal, saying the RTC failed to “clearly and distinctly state the facts and legal basis” for clearing her and Dayan. It also ordered the case remanded to the lower court.
Compliance lacking
While the RTC already issued a lengthy decision in compliance with the CA order, the prosecution said the revised ruling still did not “substantially comply with” the appellate court’s directive.
They noted in particular that the RTC decision “failed to show how the recantation of witness (Rafael) Ragos affected, if at all, the existence of the elements of the crime charged.”
The trial court’s decision previously cited “reasonable doubt” as the basis for the acquittal, particularly after former Bureau of Corrections Chief Rafael Ragos recanted his testimony that he delivered drug money to De Lima through Dayan.
In an affidavit presented to the media at the time, Ragos said former Justice Secretary Vitaliano Aguirre II “coerced” him to “admit something that did not happen.”
The prosecutors further argued that Ragos was not the lone witness in the case and his testimony was corroborated by other witnesses.
Asked for comment, Dino de Leon, one of De Lima’s legal counsels, said they are considering filing cases against the prosecutors for “prosecutorial misconduct.”
“What is this, a third jeopardy? There’s no conformity by the Office of the Solicitor General even. Until when will this panel of prosecutors stop their persecution of Leila de Lima? We have no other recourse but to consider filing the appropriate cases against them for prosecutorial misconduct,” De Leon told the Inquirer.
