No retrial vs De Lima, says Drilon | ABS-CBN
ADVERTISEMENT
Welcome, Kapamilya! We use cookies to improve your browsing experience. Continuing to use this site means you agree to our use of cookies. Tell me more!
No retrial vs De Lima, says Drilon
No retrial vs De Lima, says Drilon
Former Senator Leila De Lima leaves the Muntinlupa Regional Trial Court after RTC Branch 206 granted a demurrer in her third and last remaining drug case on June 24, 2024. Jonathan Cellona, ABS-CBN News/File
Former Senator Leila De Lima leaves the Muntinlupa Regional Trial Court after RTC Branch 206 granted a demurrer in her third and last remaining drug case on June 24, 2024. Jonathan Cellona, ABS-CBN News/FileMANILA – Former Senate President Franklin Drilon on Friday said the Court of Appeals’ (CA) move remanding Mamamayang Liberal party-list nominee Leila de Lima's case to a lower court was due to the lack of substantive explanation on the judge’s decision and did not mean that she would face retrial.
MANILA – Former Senate President Franklin Drilon on Friday said the Court of Appeals’ (CA) move remanding Mamamayang Liberal party-list nominee Leila de Lima's case to a lower court was due to the lack of substantive explanation on the judge’s decision and did not mean that she would face retrial.
The Muntinlupa Regional Trial Court Branch 204 in May 2023 acquitted De Lima of conspiracy to commit illegal drug trading "on the ground of reasonable doubt", about a year after former Bureau of Corrections officer-in-charge Rafael Ragos retracted his claim that he delivered drug money to her in 2012.
The Muntinlupa Regional Trial Court Branch 204 in May 2023 acquitted De Lima of conspiracy to commit illegal drug trading "on the ground of reasonable doubt", about a year after former Bureau of Corrections officer-in-charge Rafael Ragos retracted his claim that he delivered drug money to her in 2012.
The CA decision posted on the court’s website on April 30 showed it granted the petition for certiorari filed by the Office of the Solicitor General, which argued that the Muntinlupa court’s decision must be reversed “for failure of the public respondent to substantiate his perception of the alleged insufficiency” of the prosecution’s evidence convicting De Lima and Ronnie Dayan.
The CA decision posted on the court’s website on April 30 showed it granted the petition for certiorari filed by the Office of the Solicitor General, which argued that the Muntinlupa court’s decision must be reversed “for failure of the public respondent to substantiate his perception of the alleged insufficiency” of the prosecution’s evidence convicting De Lima and Ronnie Dayan.
The appellate court remanded the case back to the Muntinlupa court.
The appellate court remanded the case back to the Muntinlupa court.
ADVERTISEMENT
Drilon, a former justice secretary, said De Lima remained acquitted and there would be no retrial.
Drilon, a former justice secretary, said De Lima remained acquitted and there would be no retrial.
“Yung sinasabi ng Court of Appeals, ‘Bakit hindi sinasabi ang basehan ng decision?’ Ang basehan ay ang ebidensya na hinarap sa husgado. Ang sabi ng RTC, ‘Walang sapat na ebidensya to convict De Lima,’” Drilon told Teleradyo Serbisyo.
“Yung sinasabi ng Court of Appeals, ‘Bakit hindi sinasabi ang basehan ng decision?’ Ang basehan ay ang ebidensya na hinarap sa husgado. Ang sabi ng RTC, ‘Walang sapat na ebidensya to convict De Lima,’” Drilon told Teleradyo Serbisyo.
“Hindi nag-order ang Court of Appeals na magkakaroon ng pagbabagong paglilitis. Walang order na magkaroon ng bagong paglilitis. Ang sinasabi ng CA, i-cite ang pieces of evidence on record na basehan ng pag-acquit kay Leila,” he added.
“Hindi nag-order ang Court of Appeals na magkakaroon ng pagbabagong paglilitis. Walang order na magkaroon ng bagong paglilitis. Ang sinasabi ng CA, i-cite ang pieces of evidence on record na basehan ng pag-acquit kay Leila,” he added.
Drilon emphasized that the appellate court did not say that De Lima was guilty, rather, it was questioning the judge’s ability to write.
Drilon emphasized that the appellate court did not say that De Lima was guilty, rather, it was questioning the judge’s ability to write.
The CA just wanted the judge, he said, to also specifically point out in the record what the witness said in recanting De Lima’s implication in the drug case.
The CA just wanted the judge, he said, to also specifically point out in the record what the witness said in recanting De Lima’s implication in the drug case.
ADVERTISEMENT
“Siguro writing skill, medyo baka nagkulang sa tingin ng CA. Mahina siguro gumawa ng desisyon pero hindi ibig sabihin na mali ang desisyon,” he said.
“Siguro writing skill, medyo baka nagkulang sa tingin ng CA. Mahina siguro gumawa ng desisyon pero hindi ibig sabihin na mali ang desisyon,” he said.
“Ang ebidensya ay nandoon sa record. Ang sinasabi lang ng Court of Appeals, ‘Bakit hindi mo cinite sa desisyon mismo na nandoon ang ebidensya na nagpapakita na hindi sapat para i-convict si Leila,’” he added.
“Ang ebidensya ay nandoon sa record. Ang sinasabi lang ng Court of Appeals, ‘Bakit hindi mo cinite sa desisyon mismo na nandoon ang ebidensya na nagpapakita na hindi sapat para i-convict si Leila,’” he added.
“Hindi sinabing guilty si Leila. Ang sinabi lang, ‘yung decision, hindi cinite yung basehan kung bakit hindi guilty si Leila,” he said.
“Hindi sinabing guilty si Leila. Ang sinabi lang, ‘yung decision, hindi cinite yung basehan kung bakit hindi guilty si Leila,” he said.
DE LIMA: CA DECISION ‘PUZZLING’
De Lima on Thursday night said her legal team would file a motion for reconsideration.
De Lima on Thursday night said her legal team would file a motion for reconsideration.
She described the CA’s decision as “puzzling.”
She described the CA’s decision as “puzzling.”
ADVERTISEMENT
“Perhaps we just need to point out again, through our motion for reconsideration, the specific portions of the records where the answers to their questions can be found,” De Lima said in a statement.
“Perhaps we just need to point out again, through our motion for reconsideration, the specific portions of the records where the answers to their questions can be found,” De Lima said in a statement.
She said her camp would appeal the CA’s decision to the Supreme Court, if necessary.
She said her camp would appeal the CA’s decision to the Supreme Court, if necessary.
“In the meantime, this does not mean that my acquittal has lost its legal effect,” she said.
“In the meantime, this does not mean that my acquittal has lost its legal effect,” she said.
“Nevertheless, this will not be a hindrance to my return to public service, and I will continue my preparations to advance Justice and Reform in Congress,” she said.
“Nevertheless, this will not be a hindrance to my return to public service, and I will continue my preparations to advance Justice and Reform in Congress,” she said.
De Lima was detained for 7 years and was released in 2023 for her illegal drugs cases, which she said were politically motivated.
De Lima was detained for 7 years and was released in 2023 for her illegal drugs cases, which she said were politically motivated.
ADVERTISEMENT
ADVERTISEMENT
