CA ruling not a reversal of acquittal per se—DOJ exec

The Commission on Elections said Friday it will proceed with the proclamation of Mamamayang Liberal party-list’s first nominee, former Senator Leila de Lima, even after the Court of Appeals nullified her acquittal in a drug case.

This as Department of Justice spokesman Mico Clavano said the appellate court merely remanded the ruling of the Muntinlupa regional trial court to clarify its decision.

“This is not a reversal per se of the acquittal, it is more of a remanding of the decision to clarify the decision. That is the procedure,” Clavano said.

“It seems that her acquittal will stay. It is believed the RTC’s decision will remain in status quo while it is still being tried in the Court of Appeals because the congresswoman-elect still has a remedy – to file a motion for reconsideration,” he added.

Comelec chairman George Erwin Garcia said the CA ruling was not yet final.

“There’s no reason for us to halt the announcement of the party-list or its candidate since the CA’s decision isn’t final yet…We don’t think it is right to suspend the proclamation of a winning party-list or nominee because of a decision that is not yet final. Again, it will have no effect on the proclamation,” he said.

“As legal practitioners, we understand that the decision of the Court of Appeals is subject to a motion for reconsideration. If not, it may be elevated to the Supreme Court,” Garcia added.

The ML party-list, where De Lima is the number one nominee, placed 14th in the party-list race, which assured it of at least one seat in the House of Representatives.

For his part, former Senate President Franklin Drilon said the CA ruling did not mean De Lima would face a retrial.

“What the Court of Appeals said was ‘Why was the basis of the decision (acquittal) not cited on record?’ The CA did not order a retrial,” said Drilon, a former Justice secretary.

“Perhaps it was the writing skill (of the acquittal decision), perhaps the CA found it lacking. But it does not mean the decision was wrong. The evidence was on record. The CA was merely saying the evidence should have been cited in the decision itself to prove that Leila should be acquitted,” Drilon said.

Clavano also underscored the concept of double jeopardy.

“You cannot be charged anymore for the same crime especially if someone had already been adjudged and acquitted in a case,” he said.

In its 12-page decision dated April 30 but made public only Thursday, the CA said the Muntinlupa City regional trial court failed to “substantiate the perception of the alleged insufficiency” of evidence to prove De Lima’s guilt.

De Lima described the decision as “puzzling” and said her camp would appeal it up to the Supreme Court if necessary.

De Lima and Akbayan first nominee Chel Diokno earlier said they will join the House prosecution panel in the impeachment trial of Vice President Sara Duterte.

This as only eight out of the 11 members of the prosecution panel are likely to make it to the 20th Congress, after Ako Bicol party-list Rep. Jil Bongalon conceded in the Albay 1st District congressional race and General Santos City Rep. Loreto Acharon lost in his re-election bid.