DOJ stops move to revive drug case against De Lima

MANILA, Philippines — The Department of Justice (DOJ) has withdrawn its motion for reconsideration before a regional trial court seeking to overturn the acquittal of Rep. Leila de Lima (Mamamayang Liberal Party-list) in one of her drug cases.

Prosecutor General Richard Fadullon confirmed to Philstar.com that the DOJ ordered its panel of prosecutors to withdraw the motion filed before Muntinlupa RTC Branch 204, which had reaffirmed its earlier decision to acquit De Lima.

“It should not have been filed in the first place,” Fadullon told reporters in a separate message. He said the withdrawal will happen within the week.

In a video posted by the Facebook page “Insurers of Good Governance,” Justice Secretary Jesus Crispin Remulla said he instructed Fadullon to “stop the foolishness of these people,” referring to prosecutors allegedly acting based on political rather than legal motives.

“We will take over the case and it will be dismissed eventually,” Remulla added.

De Lima thanks DOJ for reversal. In a statement, De Lima thanked Remulla and the DOJ for initiating the withdrawal.

“Our own assessment of the situation reflects the facts stated by SOJ Remulla. The panel of prosecutors, or at least some of them, are acting on the basis of a political agenda,” she said.

“They have been doing so for the past 7 years. Insofar as my case is concerned, they still answer to the Duterte cabal, like many in the government who are still loyal to FPRRD (former President Rodrigo Duterte),” she added.

Timeline of De Lima’s acquitals

February 2021: De Lima was acquitted in her first drug case by Muntinlupa RTC Branch 205.

In May 2023, she was acquitted in her second case by RTC Branch 204 for lack of evidence.

Following this second acquittal, DOJ prosecutors filed a motion for reconsideration with RTC Branch 204. The court denied the motion, upholding the acquittal on the basis of reasonable doubt, citing the recantation of key witness Rafael Ragos.

In June 2024, her third and final drug case was dismissed after the court granted her demurrer to evidence, clearing her of all charges.

On Sept. 4, 2024, the Office of the Solicitor General (OSG), then headed by Menardo Guevarra, filed a petition for certiorari — not an appeal — with the Court of Appeals (CA), claiming RTC Branch 204 committed grave abuse of discretion in acquitting De Lima.

The CA Eighth Division granted the OSG’s petition and remanded the case to RTC Branch 204 for a new ruling consistent with Court of Appeals guidelines. The appellate court found that the RTC failed to clearly state the facts and legal basis for its decision.

Upon remand, RTC Branch 204 reaffirmed its original ruling and again acquitted De Lima, maintaining that the absence of Ragos’ testimony due to his recantation created reasonable doubt. This prompted the prosecutors to file a second motion for reconsideration, which the DOJ now plans to withdraw.