No decision yet if DOJ will appeal De Lima acquittal

THE Department of Justice (DOJ) has yet to decide if it would appeal the decision of the Muntinlupa City regional trial court last Monday acquitting former senator Leila de Lima on the third and last remaining drug case filed against her during the Duterte administration.

Justice Assistant Secretary Jose Dominic Clavano said they are leaving it to the panel of prosecutors to determine the next step in the case.

“Dito kasi we always practice what is called prosecutorial independence. Alam niyo naman na minana lang po namin itong kaso na ito (We practice what we call prosecutorial independence. We took over this case from the previous administration) and we took it upon ourselves to stay detached from this case to make sure that the prosecutors who have handled this case from the very start are given leeway and discretion to decide on matters especially matters like this. So aantayin lang siguro natin ang magiging recommendation ng mga prosecutors (We will wait for the recommendation of the prosecutors) although there is already a double jeopardy that has attached ,” Clavano told reporters in a chance interview Wednesday afternoon.

Clavano acknowledged the difficulty of appealing an acquittal.

“Pag na-isyuhan po ng acquittal, usually the only other ground that you can use para i-akyat ang isang kaso ay grave abuse of discretion or excess of jurisdiction. So yun lang ang pwedeng ground na at hindi na po sa DOJ yun (When an accused is acquitted, the only other ground to appeal the case is if there is abuse of discretion or excess of jurisdiction),” he said, adding it would be the Office of the Solicitor General that would now file the appeal.

Meanwhile, Justice Secretary Jesus Crispin Remulla said the ruling of Muntinlupa City RTC Branch 206 Presiding Judge Gener Gito showed that the country’s justice system is fully functioning under the Marcos administration.

In a statement, Remulla said he respects the decision of the court, describing it as a “testament of fairness and efficiency” of the country’s criminal justice system under the Marcos administration.

“This court ruling is a proof of the country’s working justice system under the Bagong Pilipinas governance,”