State prosecutors are seeking to overturn the acquittal of former senator and now ML party-list Rep. Leila de Lima, arguing that the Muntinlupa court’s ruling heavily relied on what they called an unreliable recantation from a key witness.
In a 17-page motion for reconsideration, the Department of Justice (DOJ) asked the Muntinlupa Regional Trial Court Branch 204 to revisit its May decision that cleared De Lima and her former aide Ronnie Dayan of conspiring to commit illegal drug trade inside the New Bilibid Prison.
The DOJ said the acquittal hinged on the retraction of former Bureau of Corrections chief Rafael Ragos, who initially testified that he delivered P10 million in drug money to De Lima when she was justice secretary. In 2022, Ragos took back his testimony, claiming he was forced by then DOJ Secretary Vitaliano Aguirre II to implicate her.
Prosecutors argued that Ragos failed to invalidate his earlier testimony, which was made under oath and subject to cross-examination in court. They maintained that a sworn statement given in open court holds more weight than a later retraction with no concrete proof of coercion.
“Witness Ragos presented no proof of the alleged coercion and did nothing about it,” the DOJ wrote. “His bare allegation should not be allowed to trample upon and make a mockery of the administration of justice by this Honorable Court.”
They also pointed out that other witnesses corroborated Ragos’ original testimony on key aspects of the alleged crime.
In addition, the DOJ noted that the Court of Appeals had previously voided De Lima’s acquittal and ordered the trial court to revisit the case, an instruction they say was ignored.
De Lima was detained for nearly seven years after being charged in three drug-related cases during the Duterte administration—charges she has long described as politically motivated. The first and third cases were earlier dismissed in 2021 and 2024, respectively.
