Lawyers urge De Lima to sue DOJ prosecutors over acquittal reversal attempt

Lawyers and legal experts called on Mamamayang Liberal Party-list Rep. Leila de Lima to take legal action against Department of Justice (DOJ) prosecutors for their attempt to overturn her acquittal by filing a motion for reconsideration—widely viewed as illegal and unethical.

The calls came after Justice Secretary Jesus Crispin Remulla disowned the move and announced that the DOJ would be withdrawing the motion, saying it was “politically motivated” and not grounded in law.

“They were following a political agenda,” Remulla said, distancing the DOJ leadership from its own prosecutors.

Prosecutor General Richard Anthony Fadullon also said he was only informed about the motion after it had already been filed.

Atty. Wilfredo Garrido, one of De Lima’s lawyers, said the withdrawal of the motion should not be the end of the matter. He urged De Lima to file a case for malicious prosecution against the prosecutors involved, describing them as “overzealous.”

"She could even include former Solicitor General Menardo Guevarra,” Garrido said in a Facebook post. “Not for personal vengeance, but for the sake of accountability and deterrence. Nothing can be more satisfying than to see the tables turned against Guevarra and see him twist in the wind.”

Atty. Jesus Falcis also recommended that De Lima pursue a disbarment case against the prosecutors for gross ignorance of the law and unethical conduct.

“A motion for reconsideration cannot be filed against an acquittal,” Falcis said. “It is a basic principle. This is gross ignorance and a gross violation of legal ethics. Lawyers must delay no man for money or malice.”

He also said that Secretary Remulla should suspend the prosecutors pending an investigation.

The former senator, for her part, has called on the DOJ to probe and sanction those responsible, warning that failing to hold them accountable would set a dangerous precedent.

“If they can do this to me, they can do it to anyone,” De Lima said. “This undermines trust in the rule of law.”

Widespread criticism was elicited by the motion to reverse De Lima’s acquittal from the legal community, as the Constitution prohibits any appeal of a judgment of acquittal under the principle of double jeopardy.