Prosecutors’ Rogue Behavior Sparks Legal Backlash
MANILA, Philippines – The recent move by prosecutors to file a motion for reconsideration on former Senator Leila de Lima’s acquittal has drawn sharp criticism from human rights lawyer and former Supreme Court spokesperson Theodore Te. He emphasized that such prosecutors’ rogue behavior should not go unpunished.
“There must be consequences for this rogue behavior, which both the [justice secretary] and the [prosecutor general] have already implicitly acknowledged as ‘rogue’ by their direction to withdraw the offensive ‘motion for reconsideration,’” Te said in a statement on Thursday. His words highlighted the seriousness of the prosecutors’ rogue behavior in challenging de Lima’s acquittal.
Te further suggested that those involved might need retraining or even a refresher course in constitutional law to prevent similar actions in the future. “Least of which, perhaps, a re-tooling, a re-training, or even back to school, or constitutional law 1 and 2, for those concerned,” he added.
Withdrawal of Motion Follows Prosecutor General’s Order
On Wednesday, a panel of prosecutors from the Department of Justice withdrew their motion seeking to overturn de Lima’s acquittal in one of her drug cases. This move came after an order from Prosecutor General Richard Fadullon.
“The Prosecution,… after consultation and upon instructions of the Honorable Prosecutor General, most respectfully moves for the withdrawal of the motion for reconsideration dated 14 July 2025,” the panel’s motion dated July 23 stated. This withdrawal marks a significant step in addressing the controversy surrounding the case.
Te, an expert in criminal law, pointed out that the filing should have been a straightforward withdrawal rather than a motion for reconsideration. He explained that a simple withdrawal would have properly delegitimized the rogue behavior displayed by the prosecutors. “A ‘withdrawal’ would rightly delegitimize the public prosecutor’s rogue ‘motion for reconsideration’ of an acquittal, which is on its face in gross violation of the prohibition against double jeopardy,” Te explained.
Criticism of the Motion’s Tone and Intent
Te also criticized the tone of the motion, describing its opening paragraph as “petulant, resentful and unapologetic.” He added that the motion showed disrespect not just to the accused but also to the court and the public. “There is no manifest intent to follow the Constitution, neither is there a remorseful concession that the action was ill-advised in the first place. Instead, what it sounds like is a brat told to behave, or else,” Te remarked.
Background of the Case and Ongoing Legal Developments
Leila de Lima is set to join the 20th Congress as a representative of the Mamamayang Liberal party list group. The prosecutors’ motion aimed to overturn the Muntinlupa City Regional Trial Court’s decision that acquitted de Lima and her co-accused Ronnie Dayan of conspiracy to commit drug trading.
The court had issued a “revised” decision following an order from the Court of Appeals (CA). Earlier, on April 30, the CA had voided de Lima’s acquittal, stating that the trial court failed to clearly and distinctly present the facts and legal basis for the acquittal. The CA also instructed the lower court to reexamine the case.
Although the RTC complied with the CA’s directive and released a lengthy ruling, the prosecution claimed that the revised decision still did not “substantially comply with” the appellate court’s order. This ongoing dispute highlights the complexity and high stakes of the case.
For more news and updates on prosecutors’ rogue behavior, visit Filipinokami.com.
