The camp of former senator Leila de Lima said Tuesday it will ask the Muntinlupa Regional Trial Court (RTC) to disregard the motion for reconsideration (MR) filed by prosecutors asking for a second look on her acquittal.
The MR is a “mere scrap of paper” because the proceedings in the criminal case have already been concluded with finality with the judgment of acquittal, de Lima lawyer Boni Tacardon told reporters through Viber.
“De Lima’s defense team will be filing a motion to expunge the MR,” Tacardon said.
“Nothing short of a Supreme Court decision reopening the case can vest the judge with jurisdiction anew to alter a judgment of acquittal which is final and executory immediately, hence unappealable, whether by MR with the trial court or appeal to a higher court.”
The de Lima camp is awaiting a ruling on their request for bail in another Muntinlupa court trying the remaining charge — tolerating the drug trade inside the New Bilibid Prison (NBP) in Muntinlupa City when she was still justice secretary.
On May 12, the Muntinlupa RTC dropped the case of conspiracy to commit illegal drug trading against de Lima, related to her alleged involvement in shady deals at the NBP.
After key witness and former Bureau of Corrections deputy director Rafael Ragos recanted his testimonies last year, presiding judge Joseph Alcantara of Branch 204 said reasonable doubt was cast on the guilt of the 63-year-old de Lima, who has been under detention since February 2017.
“Under the circumstances of this case, the testimony of witness Ragos is necessary to sustain any possible conviction. Without his testimony, the crucial link to establish conspiracy is shrouded with reasonable doubt,” the court said.
The prosecution claimed proceeds from the sale of illegal drugs were delivered to de Lima in two tranches of PHP5 million on Nov. 24 and Dec. 15, 2012.
Ragos and intelligence agent Jovencio Ablen were initially presented as witnesses but the judge noted that only the former claimed knowledge of the supposed source of the money. (PNA)