Court junks appeal to reverse De Lima acquittal

MANILA, Philippines — A Muntinlupa court has junked an appeal by state prosecutors to reverse the acquittal last May of former senator Leila de Lima in her second drug case, citing lack of merit.

In a decision dated July 6, Muntinlupa City Regional Trial Court Branch 204 Judge Abraham Joseph Alcantara explained that granting the prosecution’s motion for reconsideration would violate the constitutional prohibition against double jeopardy.

He also noted that an acquittal, which becomes final immediately upon promulgation, cannot be recalled for correction or amendment.

The prohibition against double jeopardy bars an accused from being prosecuted twice for the same crime.

Reversing De Lima’s acquittal, Alcantara said, “would effectively reopen the prosecution and subject the accused to a second jeopardy despite their acquittal.”

He also said that the rule against double jeopardy only has “extremely rare exceptions,” which are the deprivation of due process, mistrial or grave abuse of discretion.

“The prosecution was fully afforded due process and given all the opportunity to present its case. However, upon appreciation of the totality of evidence presented by both parties, this Court found reasonable doubt to acquit the accused,” the decision read.

In May, Alcantara acquitted De Lima and her former driver, Ronnie Dayan, of the charge of conspiracy to commit illegal drug trading, on the ground of reasonable doubt.