A Muntinlupa courtroom has denied the federal government’s plea to reverse the acquittal of detained former Senator Leila de Lima in considered one of her drug circumstances.
The Muntinlupa Regional Trial Court Branch 204 denied for lack of benefit the prosecution’s movement to reverse the acquittal within the case of De Lima and Ronnie Dayan, her former bodyguard.
“Every acquittal becomes final immediately upon promulgation and cannot be recalled for correction or amendment,” the Court mentioned in an order dated July 6.
The courtroom acquitted De Lima and Dayan on May 12, stating that although the prosecution was capable of set up the existence of rampant unlawful drug buying and selling on the New Bilibid Prison, the retraction of former Bureau of Corrections officer-in-charge Rafael Ragos solid cheap doubt on De Lima and Dayan’s involvement in it.
In its movement, the prosecution argued that Ragos’ recantation was not adequate to vitiate his authentic testimony.
However, the courtroom mentioned that granting the movement would violate the constitutional prohibition in opposition to double jeopardy.
“Under the pending motion, the prosecution sought reconsideration of the court’s decision acquitting herein accused. In doing so, the appreciation of evidence presented before this court is again raised as an issue,” it mentioned.
“[The] said factual issue necessarily requires a review of the evidence, which is barred by the constitutional right against double jeopardy,” it added.
Further, the Court mentioned that it took nice care and prudence to guage all testimonies and items of proof submitted by each the prosecution and the protection.
It mentioned that it had allowed the prosecution to cross-examine Ragos and that it had reopened the trial and allowed the prosecution to current rebuttal proof after the protection rested their case.
“Considering the foregoing, the Court finds no compelling reason to reconsider the acquittal,” the Court mentioned.
It mentioned that the rule in opposition to double jeopardy is just exempted when there was a deprivation of due course of, a mistrial, or a grave abuse of discretion.
“Here, 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,” it mentioned.
The order was penned by Presiding Judge Abraham Joseph Alcantara, who had inhibited himself from De Lima’s remaining drug case.
Meanwhile, De Lima’s camp mentioned the following listening to for her remaining drug case can be held on August 1 on the Muntinlupa RTC Branch 206.
In February 2021, Branch 205 junked considered one of her three drug circumstances.
De Lima has been detained in Camp Crame since February 2017 on drug allegations, which she repeatedly denied. — VBL, GMA Integrated News
Source: www.gmanetwork.com
