CA decision on de Lima鈥檚 acquittal 鈥榥ot a reversal per se鈥� 鈥� DOJ
Former Sen. Leila de Lima (FILE PHOTO)
MANILA, Philippines — The Court of Appeals’ (CA) decision on former Sen. Leila de Lima is not necessarily a reversal of her acquittal, said the Department of Justice (DOJ) on Friday.
READ: Court of Appeals overturns de Lima’s acquittal in a drug case
According to DOJ spokesperson Mico Clavano, the basis of the CA’s decision was the grave abuse of discretion the Regional Trial Court (RTC) of Muntinlupa allegedly committed, and to have them explain the merits of De Lima’s acquittal.
READ: Leila de Lima maintains CA decision not reversal of her acquittal
He also pointed out that De Lima was not the party in the CA’s decision, but rather Presiding Judge Abraham Joseph Alcantara of the RTC Branch 204, who acquitted the former senator.
“So this is not a reversal per se of the acquittal; it is more of the remanding of the decision to clarify the decision, so that is the procedure,” Clavano told reporters in a mix of English and Filipino in a chance interview.
Asked if this means De Lima will not go to jail due to the CA ruling, Clavano responded in the affirmative.
“It appears that her acquittal will remain in place for now. It is believed that the Regional Trial Court’s decision will maintain the status quo while the case is being heard at the Court of Appeals, because the congresswoman-elect has the remedy of filing a motion for reconsideration regarding that decision,” Clavano said.
Clavano also pointed out the aspect of double jeopardy in De Lima’s case, which means she can no longer be charged for the same crime, especially if she has already been adjudged or acquitted of the same crime.
The CA voided De Lima’s acquittal from one of her drug charges through a 12-page decision dated April 30.
The appellate court’s 8th Division said the Muntinlupa Court’s decision failed to explain the specific facts as well as the laws on which the acquittal was based, adding that it seemed to have been solely based on the recantation of witness Rafael Ragos. /jpv/abc
