CA decision on De Lima not acquittal reversal - DOJ

Metro Manila, Philippines - The decision of the Court of Appeals on a drug case of former Sen. Leila De Lima was not a reversal of acquittal, the Department of Justice said.

“It's more of a remanding of the decision to clarify the decision…Ang DOJ medyo limited ang role nya jan dahil OSG (Office of the Solicitor General) ang magha-handle ng case,” Justice spokesperson Mico Clavano said in an interview with reporters on Friday, May 16.

[Translation: The DOJ has a somewhat limited role in this because it is the OSG (Office of the Solicitor General) that will handle the case.]

On Thursday, the Court of Appeals eighth division nullified De Lima’s acquittal over the Muntinlupa regional trial court (RTC) appreciation of the recanted statement of former Bureau of Corrections officer-in-charge Rafael Ragos who implicated the former senator and her aide on illegal drug trade when she was justice chief.

A portion of the ruling read the “court a quo, acted without jurisdiction or grave abuse of discretion amounting to excess or lack of jurisdiction.”

Clavano said the CA decision does not necessarily involve the merits of the case.

“Hindi po si Congresswoman-elect de lima ang party sa case na iyon dahil certiorari po ang finile kung hindi ang magiging party po dyan ay ang judge na sinasabing lumabag po sa kanyang hurisdiksyon… Ang ibig po sabihin niyan ay hindi po merits ng case ng RTC ang pinapag-usapan sa Court of Appeals. Ang tanong lang po doon ay whether or not may grave abuse of discretion ang judge sa pag-issue,” he said.

[Translation: Congresswoman-elect De Lima is not a party to that case because what was filed is a certiorari petition. The party in that case would be the judge who is being accused of having violated his jurisdiction… That means the merits of the RTC case are not being discussed in the Court of Appeals. The only question there is whether or not the judge committed grave abuse of discretion in issuing the decision.]

The former senator, who is poised to assume a congressional seat as first nominee of election winner Mamamayang Liberal party-list, earlier said she is ready to elevate her appeal to the Supreme Court if needed.

Clavano said De Lima’s acquittal stays.

“It’s believed na status quo muna ang decision ng RTC habang nililitis pa po ito sa Court of Appeals dahil may remedy pa po si congresswoman-elect doon sa desisyon na iyon,” he said.

[Translation: It’s believed that the RTC’s decision is in status quo pending litigation at the Court of Appeals because the congresswoman-elect has a remedy to the decision.]