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MANILA, Philippines — The Court of Appeals (CA) has reversed the acquittal of former Sen. Leila de Lima on one of her drug cases, citing grave abuse of discretion by the Regional Trial Court (RTC) judge.
In a decision promulgated by the CA on April 30, it granted the petition for certiorari filed by the Solicitor General. The respondents in the case are Abraham Alcantara, judge of Muntinlupa RTC Branch 204, De Lima and Ronnie Dayan.
The petition for certiorari under Rule 65 of the Rules of Court is used to assail functions by a court or an agency that allegedly performed acts without or in excess of jurisdiction or with grave abuse of discretion tantamount to lack or excess of jurisdiction.
“Harping on the above Supreme Court pronouncements, the assailed Decision and Order of the public respondent were issued in careless disregard of the constitutional mandate, and, therefore, the public respondent acted with grave abuse of discretion,” the decision read.
The CA ordered the case to be remanded in the RTC, “in accordance with the rules stated” in the appellate court’s decision.
The appellate court determined that the trial judge's decision to acquit De Lima was based solely on the retraction of former corrections official Rafael Ragos, a key witness for the prosecution, without adequately considering how the retraction affected other evidence or explaining which elements of the alleged crime remained unproven.
“However, the public respondent failed to discuss the specific proven facts as well as the laws upon which his pronouncement of acquittal was based,” the court’s ruling read.
“The clear and unequivocal articulation of such retractions is indispensable, particularly in cases where the credibility of testimony plays a pivotal role in the adjudication of factual issues,” the ruling added.
Furthermore, the appellate court said the judge also neglected to thoroughly explain which particular element of the crime charged was supposedly not proven by the prosecution.
The judge argued that witness Ragos' recantation undermined the assertion of conspiracy, according to the court.
“Instead, he merely posited that the recantation of witness Ragos effectively discredited the claim of conspiracy,” the court’s decision read.
“The public respondent’s decision to acquit the private respondents appears to rest predominantly on the purported failure to prove the existence of conspiracy. It must be emphasized, however, that conspiracy, within the context of the present case, is not an independent offense but merely a mode of perpetrating the crime charged,” it added.
In a statement, De Lima said they will file a motion for reconsideration on the case and, if necessary, elevate it in the Supreme Court.
"Samantala, hindi pa ito nangangahulugan na wala nang bisa ang aking acquittal. Final and unappealable ang aking acquittal dahil sa prinsipyo ng double jeopardy, habang appealable pa naman hanggang Supreme Court ang desisyon ng CA. Sa ngayon, mas matimbang pa rin ang pagpapawalang-sala sa akin ng RTC," she said.
(Meanwhile, this doesn't mean that my acquittal is no longer valid. My acquittal is final and unappealable due to the principle of double jeopardy, while the CA's decision is still appealable up to the Supreme Court. For now, the RTC's acquittal still carries more weight.)
De Lima’s acquitted cases
The former senator was cleared of her drug charges on June 24, 2024, after the Muntinlupa RTC Branch 206 granted her demurrer to evidence.
The first drug case against her was dismissed in 2021 by another Muntinlupa court.
De Lima has been detained since February 2017 due to alleged involvement in the illegal drug trade within New Bilibid Prison. She was granted temporary release on Nov. 13, 2023, after the Muntinlupa RTC allowed her to post bail.
The cases against her were filed during the administration of detained former President Rodrigo Duterte. The former senator was a staunch critic of Duterte’s drug war, which saw thousands dead.
De Lima recently won a seat in the House of Representatives in the May 12 midterm elections, running under the ML Party-list.
Additionally, she was chosen to be part of the prosecution team in the impeachment trial against Vice President Sara Duterte.
