THE Court of Appeals (CA) has overturned the 2023 acquittal of former Senator Leila de Lima and her former aide Ronnie Dayan on drug trafficking charges, citing grave abuse of discretion by the trial court.
The decision, penned by Associate Justice Eleuterio Bathan, grants the petition for certiorari filed by the Office of the Solicitor General, effectively sending the case back to the lower court for retrial.
The CA’s Eighth Division ruled that the Regional Trial Court (RTC) of Muntinlupa City Branch 204 erred in its judgment, which cleared de Lima and Dayan of allegations related to their alleged involvement in facilitating illegal drug activities within the New Bilibid Prison during de Lima’s tenure as Justice Secretary.
The appellate court criticized the RTC’s reliance on the recantation of former Bureau of Corrections official Rafael Ragos. Ragos, who initially testified to delivering drug money to de Lima, later claimed coercion, a reversal the trial court accepted without sufficient scrutiny of its implications for the overall case.
In a statement released Thursday, de Lima announced her intention to file a motion for reconsideration and pursue an appeal to the Supreme Court if necessary.
She maintained that her acquittal remains valid, citing the principle of double jeopardy. “My acquittal is final and unappealable because of the principle of double jeopardy, while the CA’s decision is still appealable all the way to the Supreme Court,” she stated.
Despite the setback, de Lima, who will assume her seat as a party-list representative in the upcoming Congress, asserted that the CA’s decision will not impede her return to public service.
She has consistently maintained that the drug charges against her are politically motivated, a retaliatory measure orchestrated during the Rodrigo Duterte administration in response to her vocal criticism of his drug war policies.
