By Benjamin Pulta
MANILA – The third remaining case where Mamamayang Liberal Party-list Rep. Leila de Lima was acquitted on drug charges has been ordered terminated by a Muntinlupa Regional Trial Court (RTC).
In an order dated Sept. 30, Muntinlupa RTC Branch 204 Presiding Judge Abraham Alcantara granted state prosecutors’ motion to withdraw their bid seeking the reversal of de Lima’s acquittal.
“With the withdrawal of the motion for reconsideration, this case is hereby deemed closed and terminated,” the order stated.
The court emphasized that granting the prosecution’s motion for reconsideration would violate the constitutional prohibition against double jeopardy, because “it would effectively reopen the prosecution and subject the accused to a second jeopardy despite their acquittal.”
“Considering that this case already involves an acquittal, the Court shall exercise sound discretion and allow withdrawal of the prosecution’s motion for reconsideration. Indeed, the directive of the Honorable Prosecutor General upon the panel of prosecutors to withdraw the motion is impressed with merit,” the order said.
Prosecutors filed the motion for reconsideration before the Muntinlupa RTC on July 14 seeking to reverse de Lima’s acquittal.
On July 23, Prosecutor General Richard Fadullon said prosecutors will withdraw the appeal, saying that pursuing the MR would be a case of “double jeopardy.”
Justice Secretary Jesus Crispin Remulla earlier described the appeal as “foolishness” on the part of the trial prosecutors. (PNA)
