DOJ: De Lima's acquittal stands for now, CA only asked RTC to clarify ruling
The Department of Justice clarified that the Court of Appeals did not overturn former Senator Leila De Lima's acquittal in one of her drug cases.
Instead, the appellate court merely remanded the Muntinlupa Regional Trial Court's decision for clarification.
DOJ spokesperson Atty. Mico Clavano emphasized that this move does not constitute a reversal of De Lima's acquittal. 'This is not a reversal per se… it is more of a remanding of the decision to clarify the decision,' Clavano said.
He added that the acquittal appears to remain in effect while the Court of Appeals reviews the case, as the other party still has the option to file a motion for reconsideration.
De Lima earlier said she plans to appeal the CA ruling to the Supreme Court. Speaking on 'Balitanghali,' she questioned the basis of the decision, saying it seemed to criticize the RTC judge's manner of writing rather than ordering a retrial. 'It only says to fix the decision to comply with the constitutional standard of clarity,' De Lima said in Filipino.
As the case returns to the Muntinlupa RTC, the Office of the Solicitor General said DOJ prosecutors will handle it in the lower court. 'The CA decision speaks for itself… the DOJ prosecutors will take it from there,' Solicitor General Menardo Guevarra told reporters. If the case reaches the Supreme Court, the OSG will represent the state.
However, Clavano clarified that the DOJ's role in the case has largely concluded. 'Our prosecutors participated in the RTC proceedings, but under the law, the OSG takes over when a criminal case is appealed to the Court of Appeals,' he said.
Clavano also stressed that De Lima is not a party to the certiorari petition filed by the OSG. Instead, the respondent is Judge Abraham Alcantara of RTC Branch 204, who previously acquitted De Lima and her former aide Ronnie Dayan. The certiorari questions alleged grave abuse of discretion on the part of the judge, not the merits of the acquittal itself.
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