Court of Appeals Nullifies De Lima’s Acquittal in Drug Case, Orders Retrial

**** by: Edjun Mariposque

****

May 16, 2025

3–5 minutes

The Court of Appeals (CA) has nullified the acquittal of former senator and newly elected Mamamayang Liberal (ML) party-list representative Leila de Lima in one of her three drug-related cases. The CA declared the Muntinlupa Regional Trial Court (RTC) Branch 206’s decision void and remanded the case for retrial.

The CA’s 12-page decision, dated April 30, 2025, emphasized that the RTC committed grave abuse of discretion by granting de Lima’s demurrer to evidence without thoroughly evaluating the prosecution’s presented evidence. The appellate court underscored that such an omission undermines the judicial process and necessitates a retrial to ensure justice is served.

Previously, in June 2024, the Muntinlupa RTC Branch 206 acquitted de Lima by granting her demurrer to evidence, citing insufficient evidence from the prosecution. This decision was upheld in August 2024 when the same court denied the prosecution’s motion for reconsideration, stating that the dismissal was tantamount to acquittal and thus not appealable due to the principle of double jeopardy.

However, the CA clarified that while acquittals are generally final, exceptions exist when grave abuse of discretion is evident. In this case, the appellate court found that the RTC’s failure to consider critical pieces of evidence and testimonies warranted a reversal of the acquittal.

Leila de Lima, a prominent critic of former President Rodrigo Duterte’s administration, was detained in 2017 over allegations of involvement in the illegal drug trade within the New Bilibid Prison during her tenure as Justice Secretary. She has consistently denied these charges, labeling them as politically motivated.

With this CA ruling, the case will return to the Muntinlupa RTC for retrial. Legal analysts anticipate that de Lima’s defense team will challenge the CA’s decision, potentially elevating the matter to the Supreme Court.

This development marks a pivotal moment in de Lima’s prolonged legal battle, highlighting the complexities of the Philippine judicial system and the ongoing discourse on the interplay between law and politics.

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