A Muntinlupa court affirms the acquittal of former senator Leila de Lima from her last drug case as it denied the motion for reconsideration (MR) filed by prosecutors. In a four-page order dated August 7, 2024, the Muntinlupa City Regional Trial Court (RTC) Branch 206 said its decision to dismiss de Lima’s case through demurrer to evidence “cannot be appealed.” A demurrer to evidence motion seeks to dismiss a case on grounds that the evidence presented by the prosecutors is insufficient for a criminal conviction. INQUIRER.net stock images
MANILA, Philippines — The acquittal of former senator Leila de Lima from her last drug case has been affirmed anew as a Muntinlupa court denied the motion for reconsideration (MR) filed by prosecutors.
In a four-page order dated August 7, the Muntinlupa City Regional Trial Court (RTC) Branch 206 said its decision to dismiss de Lima’s case through demurrer to evidence “cannot be appealed.”
“The dismissal of a case through the avenue of demurrer to evidence is tantamount to acquittal. Thus, such order of the court cannot be appealed as it will place the accused [in] double jeopardy,” states the court’s order.
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“Having failed to cite any instance of grave abuse of discretion on the part of the Court, which is the only thoroughfare to vacating a judgment of acquittal, there is therefore no reason for this Court to reconsider its order,” it added.
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Last June, Muntinlupa City RTC Branch 206 Judge Gener Gito granted de Lima’s demurrer to evidence motion concerning her last drug case, which was filed against the ex-senator during the Duterte administration.
A demurrer to evidence motion seeks to dismiss a case on grounds that the evidence presented by the prosecutors is insufficient for a criminal conviction.