Gov't prosecutors challenge Muntinlupa court's dismissal of De Lima's drug case
Mamamayang Liberal (ML) Party-list Rep. Leila de Lima (Photo from Rep. Leila de Lima's Facebook account)
Government prosecutors filed a motion for reconsideration to reverse a new decision by a Muntinlupa court which upheld its dismissal of a drug case filed against Mamamayang Liberal (ML) Party-list Rep. Leila de Lima during the Duterte administration in 2017.
Last June 27, the Muntinlupa Regional Trial Court Branch 204 issued a new decision acquitting De Lima and Ronnie Dayan in case No. 17-165 involving conspiracy to commit illegal drug trading.
In the motion for reconsideration, “the Prosecution most respectfully prays that the Honorable Court’s Decision dated June 27, 2025 be reconsidered, and a new Decision be rendered declaring both accused guilty of the crime charged.”
“With due respect, the Prosecution most respectfully moves for the reconsideration thereof on the ground that jurisprudence dictates and the circumstances of the instant case reveal that the subsequent recantation of witness Ragos was not able to vitiate his original testimony given in open court, and there are other pieces of evidence on record to prove all the elements of the crime charged, including the role played by both accused in the illegal drug trading inside the NBP,” the prosecution added.
The motion for reconsideration filed by government prosecutors with the Muntinlupa Regional Trial Court Branch 204
The prosecution stated, “By accepting the subsequent recantation of witness Ragos hook, line and sinker, the Honorable Court repudiated all these solemn proceedings, without consideration on how the courts and other bodies conducted the proceedings to ensure the voluntariness and veracity of the statements/allegations made by witness Ragos, nor offered an explanation why the statements made by witness Ragos in those proceedings should not be believed and discarded.”
The prosecution is challenging the recantation of 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.
In a statement, De Lima slammed the move by the prosecution.
"I don't understand what the prosecution is trying to do! Put me in triple jeopardy after nearly 7 years in unjust detention? Hindi na lang katawa-tawa ang ginagawa nila, nakakagalit na (What they're doing is not just ridiculous, it's infuriating),” said De Lima who previously served as senator and justice secretary.
In his original testimony, Ragos claimed that he delivered P10 million to De Lima and Dayan at the former senator’s house consisting of P5 million on Nov. 24, 2012 and P5 million on Dec. 15, 2012.
During the trial, Ragos recanted all his testimonies against De Lima and Dayan.
The new decision by the court last June 27 was issued after the Court of Appeals (CA) voided the court’s original decision dated May 12, 2023 on the acquittal and July 6, 2023, which denied the motion for reconsideration filed by the prosecution regarding the acquittal, and and remanded the cases back to the court last May.
“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 in the new decision.
The motion for reconsideration was signed by the panel of prosecutors, including Provincial Prosecutor Ramoncito Bienvenido Ocampo, City Prosecutor Blas Antonio Tuliao and Deputy City Prosecutor Darwin Canete.