CA affirms Reyes acquittal in Ortega slay

MANILA, Philippines - Fugitive former Palawan governor Joel Reyes has been cleared for the second time of charges in the killing of broadcaster Gerry Ortega in 2011 after the Court of Appeals (CA) affirmed its March 19 decision voiding a resolution of the Department of Justice (DOJ) indicting him for murder.

Reyes’ brother, former Coron town mayor Mario Reyes, was also cleared in the same case.

Justice Secretary Leila de Lima has vowed to elevate the case to the Supreme Court (SC).

Voting 3-2, five justices of the CA’s special 10th division stood firm that the DOJ committed grave abuse of discretion in violating procedural protocols governing investigations of cases in creating a second panel of investigating prosecutors instead of resolving a petition for review pending before the secretary of justice.

“The prosecutory arm of the state cannot be allowed to keep conducting one investigation after another until the desired end is achieved, lest it may be perceived as a persecution rather than a criminal investigation,” read the CA decision.

The CA said the action of De Lima showed wanton disregard of the rules of procedure and applicable jurisprudence.

“She should have acted on the petition for review ad cautelam (as a precaution) filed by private respondent and should not have allowed the second panel of prosecutors to proceed on its task, considering further that the promulgation of Department Order No. 710 is legally infirm to begin with,” read the CA decision.

The CA said the second panel of prosecutors exceeded its authority in assessing the additional evidence submitted in the killing of Ortega.

“Needless to say, since at this precise moment this finding by the first panel of prosecutors has not yet been reversed, affirmed or modified by the Public Respondent Secretary of Justice, such finding is still valid,” read the CA decision. “For all legal intents and purposes therefore, petitioner should not have been indicted for the crime of murder.”

The CA dismissed the DOJ’s argument that its decision had clipped the power of the secretary of justice.

“We stress anew that our decision has not clipped the power of the Secretary of Justice to review the finding of any prosecutor, but that power should be used by observing proper procedural protocols in accord with the rules governing investigations of cases,” read the CA decision.

Associate Justice Angelita Gacutan wrote the decision. Associate Justices Fernanda Lampas Peralta and Francisco Acosta concurred, while Associate Justices Noel Tijam and Romeo Barza dissented.

In a statement through lawyer Alex Avisado, the Ortegas said the decision was based on a technicality.

“We will continue our pursuit of justice for the murder of Dr. Gerry Ortega all the way up to the Supreme Court,” read the statement.

“Now that it has been shown that Doc Gerry was killed because of his exposé on the plunder of Malampaya funds, it would be an injustice to let the masterminds go free. We still believe that in the end, justice will only be for the deserving.”

In a statement, Ferdinand Topacio, lawyer of the Reyeses, said: “The affirmation by the Court of Appeals of its earlier ruling nullifying the charge of murder against former Palawan governor Joel Reyes, a crime which he did not commit and for which he was framed by political forces seeking to dominate the province of Palawan, once again proves that the truth cannot be hidden for long.”

Topacio said Reyes and his brother were forced to become fugitives from injustice to escape the humiliation and degradation of unjust indictments and undeserved punishment.

“The Department of Justice is being used as a blunt instrument to persecute those who are not allied with the current administration by the use of highly irregular procedures designed to secure the imprisonment of those it targets for elimination,” he said.