Incoming Mamamayang Liberal (ML) Party-list Rep. Leila de Lima has called "puzzling" the Court of Appeals (CA) resolution nullifying the decision of a Muntinlupa Regional Trial Court (RTC) acquitting her of the drug charges filed during the previous Duterte administration.
De Lima, a former Senate, underscored that the CA decision does not actually nullify her acquittal but merely aims to clarify the ruling.
"We have read the decision of the [CA] to remand to the [RTC] one of the cases in which I had already been acquitted. This decision is puzzling, as it seems the CA is asking the RTC to rewrite its decision, allegedly because it was not sufficiently clear," she said in a statement.
"We believe that all the answers to the CA’s questions in their decision can be found in the case records. Perhaps we just need to point out again, through our Motion for Reconsideration, the specific portions of the records where the answers to their questions can be found," noted De Lima, a lawyer and former Department of Justice (DOJ) secretary.
De Lima she plans to appeal the CA decision up to the Supreme Court (SC), "if necessary". She stressed her view that the CA move didn't cause her acquittal to lose its legal effect
"My acquittal is final and unappealable due to the principle of double jeopardy, whereas the CA’s decision is still appealable up to the [SC]. For now, the RTC’s decision acquitting me still holds greater weight.
"I also wish to clarify that the CA did not say that my acquittal was reversed; rather, it only asked for the RTC decision to be clarified or revised — something we believe is unnecessary because the RTC’s ruling is already clear," she said.
De Lima said the issue is merely "of clarification and explanation to the CA regarding the questions they raised in their decision".
"Nevertheless, this will not be a hindrance to my return to public service, and I will continue my preparations to advance Justice and Reform in Congress."