CA reverses De Lima's drug acquittal

CASE REMANDED TO TRIAL COURT

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The Court of Appeals (CA) has reversed the acquittal of former Sen. Leila de Lima on one of her drug cases, citing grave abuse of discretion by the Regional Trial Court (RTC) judge.

In a decision promulgated by the CA on April 30, it granted the petition for certiorari filed by the Solicitor General. The respondents in the case are Abraham Alcantara, judge of Muntinlupa RTC Branch 204, De Lima and Ronnie Dayan.

The petition for certiorari under Rule 65 of the Rules of Court is used to assail functions by a court or an agency that allegedly performed acts without or in excess of jurisdiction or with grave abuse of discretion tantamount to lack or excess of jurisdiction.

“Harping on the above Supreme Court pronouncements, the assailed Decision and Order of the public respondent were issued in careless disregard of the constitutional mandate, and, therefore, the public respondent acted with grave abuse of discretion,” the decision read.

The CA ordered the case to be remanded in the RTC, “in accordance with the rules stated” in the appellate court’s decision.