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The previous senator is acquitted by the courtroom in her final case again in June, clearing her in all of her drug costs
MANILA, Philippines – A Muntinlupa Metropolis courtroom has upheld its determination that acquitted former senator Leila de Lima in her third and final drug case.
Muntinlupa Metropolis Regional Trial Court docket Department 206 Presiding Choose Gener Gito denied the prosecution’s attraction in opposition to the choice in an order dated August 7, however was made public on Thursday, August 29. After Choose Gito cleared De Lima of conspiracy to commit drug buying and selling final June, the prosecution filed a movement to ask the courtroom rethink its determination.
De Lima was cleared by the courtroom after it granted her movement for demurrer to proof, which is tantamount to acquittal. Beneath current legal guidelines, an acquittal can’t be appealed as a result of it’ll place an individual beneath double jeopardy (prosecuting an individual twice for a similar offense), which is prohibited. Choose Gito mentioned this precept in his ruling.
A method for the prosecution to problem an acquittal is by exhibiting there’s grave abuse of discretion or show that the courtroom has erred in its ruling by means of a petition for certiorari. Nonetheless, the decide stated the prosecution’s arguments within the attraction primarily handled how the Court docket seemed into the proof offered by the prosecution, and never if whether or not the courtroom erred in acquitting the previous senator.
“It didn’t cite any occasion within the Court docket’s Order that in having such type of conclusion, the Court docket encroached into the world of grave abuse of discretion,” the ruling learn.
“Having did not cite any occasion of grave abuse of discretion on the a part of the Court docket, which is the one thoroughfare to vacating a judgement of acquittal, there may be due to this fact no cause for this Court docket to rethink its Order dated July 19, 2024,” it added.
In her final case, the previous lawmaker was accused of being complicit within the “widespread drug commerce” contained in the New Bilibid Jail’s most safety compound, in her capability as former justice secretary who had supervisory powers over the nationwide penitentiary. Bilibid convicts have been additionally allegedly in a position to bribe her with P70 million, which she was additionally accused of utilizing to run and win as senator in 2016.
The courtroom acquitted De Lima as a result of it stated the testimonies of prosecution witnesses weren’t sufficient to show the allegations. (READ: EXPLAINER: Why courtroom acquitted Leila de Lima in final drug case)
In whole, De Lima confronted three drug circumstances all filed beneath former president Rodrigo Duterte’s time. The previous senator secured her first drug acquittal in 2021, when Muntinlupa Metropolis RTC Department 205 granted her demurrer, clearing her from Felony Case No. 17-166, wherein she was linked to alleged drug lord Peter Co. In Might 2023, Muntinlupa Metropolis RTC Department 204 acquitted her in Felony Case No. 17-165.
The courtroom stated the retraction of the federal government’s star witness, former Bureau of Corrections chief Rafael Ragos, created “cheap doubt” in regards to the accusations in opposition to De Lima. Even earlier than her final acquittal, De Lima has already been free of detention after Choose Gito granted her bail in November 2023.
De Lima now serves because the spokesperson of once-ruling Liberal Social gathering. – Rappler.com
