In a six-page resolution penned by Associate Justice Victoria Isabel Paredes, the CA’s Former Fifteenth Division denied De Lima’s motion for reconsideration of its October 28, 2021 decision, saying that the petitioner failed to raise new arguments that would warrant the reversal of the said ruling.
“Differently stated, as the matter of whether to prosecute or not is purely discretionary on his part, courts cannot compel a public prosecutor to file the corresponding information, upon a complaint, where he finds the evidence before him insufficient to warrant the filing of an action in court,” it added.
The provision further states that any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the information, can be made only upon motion by the prosecutor, with notice to the offended party and with leave of court. De Lima filed the consolidated petitions before the CA after the Regional Trial Court Branches 204 and 205 of Muntinlupa City denied her motion seeking to reinstate Ragos as one of her co-accused in the illegal drug case .
The prosecution eventually amended the information to drop Ragos as accused in the case and subsequently made him a prosecution witness.
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