Solicitor General Menardo Guevarra said yesterday his office has filed a petition before the Court of Appeals against a lower court's decision to junk the second drug-related case against former Senator Leila de Lima.

Guevarra said they have filed a petition for certiorari against the ruling of Muntinlupa Regional Trial Court Branch 204 that acquitted De Lima, who was accused of benefiting from the drug trade inside the New Bilibid Prison when she was Justice secretary.

"Yes, the OSG filed a petition for certiorari, not an appeal, with the CA on 4 September on the grounds of grave abuse of discretion amounting to a lack or excess of jurisdiction on the part of the trial court judge," Guevarra said.

Atty. Filibon Tacardon, De Lima's legal counsel, said the Department of Justice cannot appeal an acquittal. "I heard this afternoon that the DoJ panel of prosecutors has filed a petition. I have yet to read their appeal," Tacardon said.

"It's a petition for certiorari, but our immediate reaction is that Senator Leila was already acquitted in that case and, therefore, the DoJ cannot appeal a decision of acquittal," he added.

But Guevarra said the OSG did not file an appeal. "It is not an appeal that deals with errors of judgment. It is a petition for certiorari that deals with errors of jurisdiction, rendering the judgment void," he said.

De Lima still has a pending drug case at Muntinlupa Regional Trial Court Branch 206. The first of her three drug-related filed in 2017 had been dismissed by Muntinlupa City RTC Branch 205.

She remains detained at the Philippine National Police custodial center in Camp Crame, Quezon City.