A Muntinlupa court has junked the state prosecution’s bid to reverse the acquittal of former Sen. Leila de Lima in her second drug case last May.
In an order dated July 6 but released Friday, Muntinlupa Regional Trial Court Branch 204 Judge Abraham Joseph Alcantara denied the prosecution’s motion for reconsideration due to “lack of merit.”
Alcantara acquitted De Lima and co-accused Ronnie Dayan of conspiracy to commit illegal drug trading in May this year, citing the retraction of former Bureau of Corrections OIC Rafael Ragos.
Ragos initially claimed he personally delivered drug money to De Lima’s residence in Parañaque in November and December 2012.
Ragos later accused former Justice Secretary Vitaliano Aguirre II of coercing him to testify against De Lima, a claim Aguirre denied.
“Every acquittal becomes final immediately upon promulgation and cannot be recalled for correction or amendment. With the acquittal being immediately final, granting the State’s motion for reconsideration, in this case, would violate the Constitutional prohibition against double jeopardy because it would effectively reopen the prosecution and subject the accused to a second jeopardy despite their acquittal,” the court said.
The constitutional prohibition against double jeopardy bars an accused from being prosecuted twice for substantially the same crime.
