MANILA, Philippines – The Court of Appeals (CA) has reversed the acquittal of former senator Leila de Lima in one of her drug-related cases, reviving legal proceedings that had previously been dismissed by a trial court.
In a decision dated April 30 and released to the public on Thursday, May 15, the CA’s Eighth Division granted the petition for certiorari filed by the Office of the Solicitor General (OSG), which challenged the 2023 ruling of the Muntinlupa City Regional Trial Court (RTC) that cleared De Lima.
The petition stemmed from the acquittal of De Lima in a case involving former Bureau of Corrections (BuCor) chief Rafael Ragos, who had recanted his earlier testimony implicating the former senator. The Muntinlupa RTC Branch 204, presided over by Judge Abraham Joseph Alcantara, ruled that Ragos’ retraction undermined the conspiracy claim, leaving “reasonable doubt.”
However, the appellate court criticized the trial court’s ruling for lacking legal and factual basis. Associate Justice Eleuterio Bathan, who penned the CA decision, pointed out that the trial court failed to:
- Identify the specific statements retracted by Ragos;
- Explain the impact of the retraction on the proven facts;
- Clarify which element of the crime was not established by the prosecution.
“Without a concrete reference to the particular portions of the testimony that were recanted, we are left to speculate,” the CA said, emphasizing that the trial court’s conclusion lacked detailed legal analysis.
The CA ordered the case remanded to the lower court for further proceedings.
De Lima had faced three drug charges during the Duterte administration, all of which were previously dismissed by Muntinlupa courts. She was released from police custody in 2023 after nearly seven years in detention.
Now a first nominee of Mamamayang Liberal in the upcoming 20th Congress, De Lima is also set to join the House prosecution panel in the potential impeachment trial of Vice President Sara Duterte.
Despite the CA’s decision, De Lima will remain free for now. Her legal team said the acquittal remains enforceable unless reversed by the Supreme Court. “The status is maintained,” the team said, noting that acquittals are generally final and unappealable due to the constitutional protection against double jeopardy. However, reversals of acquittals, such as in this case, may still be elevated to the Supreme Court.
De Lima and her former aide, Ronnie Dayan, were cleared by the RTC in May 2023, a decision later upheld despite a prosecution motion for reconsideration. In September 2023, Solicitor General Menardo Guevarra, who served as justice secretary under Duterte, filed the petition for certiorari after consultations with the DOJ and a review of the case.
