SolGen challenges De Lima’s acquittal in Court of Appeals

Metro Manila (CNN Philippines, September 11) — The Office of the Solicitor General has challenged the acquittal of former Senator Leila de Lima in her second drug case before the Muntinlupa court.

“The OSG filed a petition for certiorari, not an appeal, with the Court of Appeals on 4 Sept 2023, on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the trial court judge,” De Lima’s lawyer Filibon Tacardon said in a text message.

In a separate interview, Tacardon asserted that the Department of Justice (DOJ) cannot challenge an acquittal.

"I heard this afternoon the Department of Justice panel of prosecutors appealed the decision rendered by Judge Alcantara doon sa penal case number 165," Tacardon said.

"Ang immediate reaction namin is Senator Leila was already acquitted in that case and therefore DOJ cannot appeal a decision of acquittal," he added.

[Translation: Our immediate reaction is Senator Leila was already acquitted in that case and therefore the DOJ cannot appeal a decision of acquittal.]

The OSG is an independent and autonomous office attached to the DOJ. According to the OSG, the DOJ's authority, control, and supervision over the OSG are limited only to budgetary purposes. 

Solicitor General Menardo Guevarra emphasized that the OSG filed a petition and not an appeal.

"After extensive consultation with the DOJ and careful examination of the case records, the OSG filed a petition for certiorari, not an appeal, with the court of appeals on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the trial court judge," Guevarra told CNN Philippines in a text message.

Muntinlupa court Branch 204 Judge Abraham Joseph Alcantara affirmed his decision to junk De Lima’s drug case, ruling that “every acquittal becomes final immediately upon promulgation and cannot be recalled for correction or amendment.”

In absolving De Lima, the court explained the testimony of former Bureau of Corrections OIC Rafael Ragos is needed to prove conspiracy to commit illegal drug trading allegedly committed by the former senator.

But Ragos’ retraction of his allegations created reasonable doubt to acquit De Lima and her former bodyguard Ronnie Dayan.

Recantations are hardly given weight, the court said. However, there’s a rare exception when there’s no evidence sustaining a conviction other than the testimony of a witness who made contradictory statements.

A vocal critic of former President Rodrigo Duterte, de Lima has been in detention for six years over allegations that she benefitted from the illegal drug trade inside the New Bilibid Prison, with the drug money used to finance her senatorial campaign in 2016.

With reports from CNN Philippines' correspondent Anjo Alimario and digital producer Syrah Vivien Inocencio.