Case closed: Muntinlupa court grants prosecution’s withdrawal of De Lima’s drug case

The Muntinlupa Regional Trial Court (RTC) Branch 204 has granted the prosecution’s withdrawal of the drug case against Rep. Leila De Lima (Mamamayang Liberal Partylist).

In a resolution dated September 30, the Muntinlupa RTC accepted the prosecution’s withdrawal of the motion for reconsideration, filed on July 14, 2025, effectively closing and terminating one of De Lima’s drug cases, the one that led to her nearly seven-year imprisonment.

‘WHEREFORE, premises considered, the Motion to Withdraw (Motion for Reconsideration dated 14 July 2025) filed by the prosecution is GRANTED. With the withdrawal of the motion for reconsideration, this case is hereby deemed CLOSED and TERMINATED,’ the court’s ruling read.

The court explained that every acquittal becomes immediately final upon issuance and cannot be recalled for correction or amendment.

According to the court, granting a motion for reconsideration on the case would violate the constitutional protection against double jeopardy, as it would essentially subject the acquitted individual to a new prosecution.

‘Considering that this case already involves an acquittal, the Court shall exercise sound discretion and allow withdrawal of the prosecution’s motion for reconsideration,’ the court’s order read.

‘Indeed, the directive of the Honorable Prosecutor General upon the panel of prosecutors to withdraw the motion is impressed with merit,’ it added.

On July 23, the Department of Justice ordered the Muntinlupa prosecutors to withdraw the motion for reconsideration on the drug case of De Lima filed in RTC Branch 204.

Timeline of De Lima’s acquittals. February 2021: De Lima was acquitted in her first drug case by the Muntinlupa RTC Branch 205.

She was later acquitted in her second case by RTC Branch 204 in May 2023 due to lack of evidence.

Following this second acquittal, prosecutors filed a motion for reconsideration with RTC Branch 204.

Following this second acquittal, prosecutors filed a motion for reconsideration with Branch 204. However, the court denied the motion and upheld the acquittal, citing reasonable doubt and the recantation of key witness Rafael Ragos.

Her third and final drug case was dismissed in June 2024 after the court granted her demurrer to evidence, effectively 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, claiming RTC Branch 204 committed grave abuse of discretion in acquitting De Lima.

The appellate court’s 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.

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