Appealing De Lima acquittal up to prosecutors — DOJ

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The Department of Justice (DOJ) said on Wednesday it would let the panel of prosecutors decide on the next steps after a Muntinlupa court dropped the last of three drug-related cases against former Senator Leila de Lima.

According to DOJ spokesperson Mico Clavano, the agency is observing “prosecutorial independence” in the De Lima cases.

“Aantayin lang po siguro natin ang magiging recommendation ng mga prosecutors, although there is already a double jeopardy,” Clavano told reporters.

(We would wait for the recommendation of the prosecutors, although there is already double jeopardy.)

The 1987 Constitution protects individuals against double jeopardy, meaning a person cannot be prosecuted for the same offense twice.

“Sa tingin po ng DOJ, meron na rin precedents yung mga ganitong pag-grant ng demurrer to evidence, which is, it already tantamount to an acquittal. But we, again, will leave it up to the panel of prosecutors para po masuri nila talaga yung next steps natin,” he added.

(For the DOJ, there are precedents on the granting of demurrer to evidence, which is already tantamount to an acquittal. But again, we will leave it up to the panel of prosecutors to decide on the next steps.)

On Monday, De Lima was cleared of her third and final drug charge after the Muntinlupa City Regional Trial Court (RTC) Branch 206 granted the demurrer for failure of the prosecution to prove the guilt of all accused beyond reasonable doubt.

The former senator filed her demurrer in March, where she asked the court to acquit and declare her not guilty for failure of the prosecution to prove her guilt beyond reasonable doubt.

In the event an appeal is pursued, Clavano said this will be filed by the Office of the Solicitor General (OSG).

“Basta mag-appeal, OSG na po ang magiging lead counsel dun,” said Clavano.

(The OSG would be the lead counsel should there be an appeal.)

“Sa tingin naman po natin, we have to first see the decision and study the decision para malaman po natin. And I think it's only prudent to turn every stone,” he added.

(We think we have to first see and study the decision, and I think it's only prudent to turn every stone.)

De Lima was freed on bail in November 2023 after being detained in Camp Crame since February 2017.

Her first acquittal came in February 2021, when the Muntinlupa City RTC Branch 205 junked one of her three cases.

In May 2023, the Muntinlupa RTC Branch 204 acquitted De Lima and Ronnie Dayan, her co-accused and former bodyguard, of an illegal drug trading charge on the ground of reasonable doubt.

A Quezon City court also dismissed De Lima’s two disobedience cases.

Earlier, De Lima said she was considering legal action against former President Rodrigo Duterte and other individuals allegedly behind her detention. —VBL, GMA Integrated News

This article Appealing De Lima acquittal up to prosecutors — DOJ was originally published in GMA News Online.