Incoming ML Partylist Representative Atty. Leila de Lima’s camp clarified that the Court of Appeals (CA) did not overturn the Muntinlupa Regional Trial Court’s (RTC) ruling that acquitted her in one of her drug-related cases.
Atty. Dino de Leon, legal counsel for the Congresswoman-elect, explained in an exclusive interview with DZRH News that the CA merely remanded the case to the lower court to clarify the basis for the acquittal, following the recantation of key witness Rafael Ragos.
The CA ruling stated that the Muntinlupa RTC did not adequately explain which statement by Rafael Ragos was recanted, the legal consequences of the recantation on the prosecution's evidence, and what crime was not established.
Moreover, de Lima’s camp believes that the CA merely committed a reversible error in its ruling.
"Malinaw na malinaw na may Constitutional prescription against double jeopardy po. Malinaw rin po na hindi dapat maibalik ang kaso ng basta-basta lamang, lalong-lalo na ay acquitted na si Leila de Lima," de Leon explained.
"Gusto ko rin pong sabihin na kahit doon sa desisyon ng Court of Appeals, hindi rin naman po sinabi na reverse ang acquittal ni Leila de Lima. Bagkus, binabalik lang po ‘yung kaso doon sa Regional Trial Court para sana mas ayusin pa raw ang pagkakasulat ng desisyon," he added.
In her recent statement, de Lima stressed that the CA's decision will not hinder her from taking her seat in Congress, where she is slated to serve on the prosecution panel in the impeachment trial of Vice President Sara Duterte.
A trusted source informed DZRH News that the ruling does not seek de Lima’s re-arrest and clarified that the case has not been overturned, but has only been remanded to the Muntinlupa RTC to clarify its decision.
De Lima and her counsel, Atty. Dino de Leon, said they are preparing to file a motion for reconsideration before the CA and, if necessary, the Supreme Court in connection with the ruling.
However, they emphasized that, as of now, it is clear de Lima will not be returned to detention.
