A Muntinlupa court upheld its May 2023 decision acquitting former senator and Mamamayang Liberal (ML) party-list Representative-elect Leila de Lima in a drug case filed during the Duterte administration in 2017.

Presiding Judge Abraham Joseph Alcantara of the Muntinlupa Regional Trial Court Branch 204 issued a new decision dated June 27 after the Court of Appeals (CA) voided the original decision and remanded the case back to the court in May.

Last month, the CA released a decision granting the petition for certiorari by the Office of the Solicitor General, which sought to nullify the Muntinlupa court’s decision acquitting De Lima and Ronnie Dayan.

The CA declared null and void the RTC’s decisions dated May 12, 2023 on the acquittal and July 6, 2023, which denied the motion for reconsideration filed by the prosecution regarding the acquittal. .

“We remand the case to the Regional Trial Court, Branch 204, Muntinlupa City, for it to decide the case in accordance with the rules stated in this Decision,” the CA ordered the Muntinlupa court.

In May 2023, the Muntinlupa RTC acquitted De Lima and Dayan on charges of conspiracy to commit illegal drug trading.

The case was one of the three dismissed cases filed by the Department of Justice against De Lima in 2017 over the illegal drug trade at the New Bilibid Prison when she was still the justice secretary.

In the new decision, Alcantara ruled “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.”

“Clearly, the rebuttal evidence failed to overcome the damaging effect of witness Ragos' recantations. The totality of both extrajudicial and judicial recantations simply destroyed the prosecution's case,” the court stated.

The case accused De Lima and Dayan of conspiracy to commit illegal drug trading using persons deprived of liberty at the New Bilibid Prison in Muntinlupa and receiving P5 million on Nov. 24, 2012 and P5 million on Dec. 15, 2012.

The P10 million was allegedly delivered to De Lima’s house by Rafael Ragos, former deputy director for intelligence at the National Bureau of Investigation (NBI) and former officer-in-charge of the Bureau of Corrections from November 2012 to March 2013.

During the trial, Ragos recanted all his allegations and testimonies against De Lima and Dayan.

“With due respect to the Honorable CA, the original decision of this Court was clear and unequivocal on this very basic essential point, i.e., the recantation already created reasonable doubt. The extended discussion under this revised Decision does not deviate nor change the elementary basis for the acquittal. In fact, the basis remains completely the same from the original Decision. Thus, the undersigned Presiding Judge humbly submits that the original Decision already clearly and distinctly stated the facts and law upon which it was based,” Alcantara wrote in his new decision.

He added, “To reiterate and emphasize, the testimony of witness Ragos is necessary to sustain any possible conviction. Without his testimony, the crucial link to establish conspiracy is shrouded with reasonable doubt. Hence, this Court is constrained to consider the subsequent retraction of witness Ragos. Ultimately, the retraction created reasonable doubt which warrants the acquittal of both accused.”

De Lima welcomed the Muntinlupa RTC’s decision upholding her acquittal in the drug case.

“Vindicated numerous times, and yet they are relentless in trying to silence me. But no matter how hard they try, they cannot erase the truth, nor undo what has already been revealed in the light of justice,” De Lima said in a statement issued on June 27.

She added, “I thank Judge Abraham Alcantara for his steadfast adherence to justice by upholding his earlier ruling of acquittal. Ito lang yata ang kaso sa Pilipinas na kailangan ulitin ng huwes ang pag render o promulgate ng judgment of acquittal (This is probably the only case in the Philippines where the judge had to repeat the rendering or promulgation of a judgment of acquittal). I hope and pray that this is the last nail in the coffin of this most expensive frame-up in Philippine history.”

“Patuloy po tayong maninindigan para sa hustisya, reporma, at para sa mga kapakanan ng mga nasa laylayan. Hindi po nila tayo napigilan noon, hinding hindi po tayo magpapapigil ngayon. Nakatindig pa rin po tayo. Sama-sama po tayo para sa isang mas makatarungang Pilipinas na may pananagutan ang mga nasa kapangyarihan (We will continue to stand for justice, reform, and for the welfare of those on the margins. They couldn't stop us then, we won't let them stop us now. We are still standing. (Together, let's stand for a more just Philippines where those in power are accountable),” she said.