MANILA — The Muntinlupa City court has affirmed the acquittal of former senator Leila de Lima in her third and final drug case.

In a four-page order dated August 7, Branch 206 Presiding Judge Gener Gito of the Muntinlupa City Regional Trial Court denied the prosecution’s appeal against the decision. The order was made public on Thursday, August 29. The prosecution had submitted a motion requesting the court to reevaluate its ruling after Judge Gito acquitted De Lima of conspiring to commit drug trade in June of last year.

“The prosecution, in its Motion for Reconsideration, did not even ascribe grave abuse of discretion on the part of the Court,” Judge Gener M. Gito wrote.

“It did not cite any instance in the Court’s Order that in having such kind of conclusion, the Court encroached into the area of grave abuse of discretion.”

Additionally, since an appeal of the court’s decision by the prosecution would put the accused in double jeopardy, it cannot be pursued.

“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,” Judge Gito said.

“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,” he added.

In June of last year, the former senator, who had been imprisoned during the Duterte administration, was granted a demurrer to evidence, clearing her in the third and final drug case brought against her by former President Rodrigo R. Duterte.

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