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De Lima camp to file motion to expunge DOJ's appeal on her court acquittal
Philippines
Metro Manila
De Lima camp to file motion to expunge DOJ's appeal on her court acquittal
De Lima camp to file motion to expunge DOJ's appeal on her court acquittal
Published May 30, 2023 10:47 am
The camp of former senator Leila de Lima said on May 30 that they will file a motion to expunge from records the appeal filed by government prosecutors regarding her drug case that was recently junked by a Muntinlupa court.
Last May 12, the Muntinlupa Regional Trial Court (RTC) Branch 204 dismissed case 17-165 filed by the Department of Justice (DOJ) against De Lima and Ronnie Dayan in February 2017.
Leila de Lima at the Muntinlupa Hall of Justice on May 12 (Contributed photo)
The two were found not guilty in the case, which accused the two of conspiracy to commit illegal drug trading allegedly done during her time as justice secretary. “Wherefore, both accused Leila M. De Lima y Magistrado and Ronnie Palisoc Dayan are hereby acquitted of the crime charged on the ground of reasonable doubt,” Presiding Judge Abraham Joseph Alcantara said in his decision. Only one drug case filed against De Lima remains in Muntinlupa. One of the three cases, 17-166, was dismissed by a Muntinlupa court in February 2021 when it granted De Lima’s demurrer to evidence. After the ruling on case 17-165, DOJ prosecutors have filed a motion for reconsideration with the court to reverse its ruling. Lawyer Boni Tacardon, De Lima’s legal counsel, said the appeal filed by government prosecutors is a “mere scrap of paper.” “De Lima's defense team will be filing a motion to expunge the MR [motion for reconsideration]. The MR is a mere scrap of paper because the proceedings in CC 17-165 have already been concluded with finality with the judgment of acquittal,” he explained. He added, “Nothing short of a Supreme Court decision re-opening the case can vest the judge with jurisdiction anew to alter a judgment of acquittal which is final and executory immediately, hence unappealable, whether by MR with the trial court or appeal to a higher court.” Meanwhile, De Lima is awaiting the decision on her bail petition in case 17-167, which is being handled by the Muntinlupa RTC Branch 256.
Leila de Lima at the Muntinlupa Hall of Justice on May 12 (Contributed photo)
The two were found not guilty in the case, which accused the two of conspiracy to commit illegal drug trading allegedly done during her time as justice secretary. “Wherefore, both accused Leila M. De Lima y Magistrado and Ronnie Palisoc Dayan are hereby acquitted of the crime charged on the ground of reasonable doubt,” Presiding Judge Abraham Joseph Alcantara said in his decision. Only one drug case filed against De Lima remains in Muntinlupa. One of the three cases, 17-166, was dismissed by a Muntinlupa court in February 2021 when it granted De Lima’s demurrer to evidence. After the ruling on case 17-165, DOJ prosecutors have filed a motion for reconsideration with the court to reverse its ruling. Lawyer Boni Tacardon, De Lima’s legal counsel, said the appeal filed by government prosecutors is a “mere scrap of paper.” “De Lima's defense team will be filing a motion to expunge the MR [motion for reconsideration]. The MR is a mere scrap of paper because the proceedings in CC 17-165 have already been concluded with finality with the judgment of acquittal,” he explained. He added, “Nothing short of a Supreme Court decision re-opening the case can vest the judge with jurisdiction anew to alter a judgment of acquittal which is final and executory immediately, hence unappealable, whether by MR with the trial court or appeal to a higher court.” Meanwhile, De Lima is awaiting the decision on her bail petition in case 17-167, which is being handled by the Muntinlupa RTC Branch 256.