Ex-Palawan governor seeks inhibition of judge in Ortega slay

MANILA, Philippines - Fugitive former Palawan Gov. Joel Reyes and his brother Coron Mayor Mario Reyes have sought the inhibition of the Puerto Princesa City judge handling the criminal case against them in connection with the killing of radio broadcaster Gerry Ortega on Jan. 24, 2011.

In separate motions to inhibit, they accused Puerto Princesa City Regional Trial Court (RTC) Branch 52 Judge Angelo Arizala of “prejudice, partiality and bias in favor of the prosecution in acting on motions and pleadings filed by the parties.”

“Just like any other litigant, accused-movant is entitled to nothing less than the cold neutrality of an impartial judge. Thus, just like any other accused, if accused-movant feels no complacency and feeling certitude that he can be given a fair and just trial, he is entitled to be heard before a magistrate whom he thinks can give him such a fair trial as this is his right,” their lawyers argued.

The accused cited as basis the actions of Judge Arizala on their motions vis-a-vis motions of the prosecution.

After they were charged in court last March 16, they said they filed separate motions to defer proceedings and opposition to the issuance of a hold-departure order sought by the private prosecutor.

But even before the RTC actually received copies of their respective replies sent through regular mail, Judge Arizala proceeded to deny their motions, decided that there was probable cause against the Reyes brothers, and issued the warrants for their arrest.

Subsequently, the judge granted the prosecutor’s motion for the issuance of a hold-departure order on Reyes.

The Reyes brothers, through their lawyers, then filed with the court separate motions to reconsider its finding of probable cause and to withdraw the warrants of arrest.

The prosecution did not file any opposition to his motion for reconsideration and the motion to quash the warrant of arrest within the time given by the court.

In the meantime, Reyes filed a manifestation stating the non-filing of a comment and asked the court to resolve his motion. It was only later that the prosecution filed its opposition beyond the time given it.

To date, the judge has not acted on the motions filed by the Reyes brothers. But the judge immediately resolved the motion of the prosecution to remove Rodolfo Edrad Jr. from the list of the accused a day after the motion was heard and even before the Reyes brothers were able to file their comments.

Worse, the order discharging Edrad mentioned a comment of accused Seratubias filed a day after the date of the order.

With these incidents, the Reyes brothers asked Judge Arizala to voluntarily inhibit himself from the case and that the case be re-raffled to another judge.

The brothers have been hiding from authorities since the arrest warrants were issued against them. 

The family of Ortega had already put up over P1.5 million in reward money for their arrest last May.

The Department of Justice had indicted the brothers based on their admission counter-affidavits that Edrad went to Mayor Reyes’ house in Ayala Alabang, Muntinlupa City to receive money, which they said weakened the respondents’ denial of close association with the gunman who had turned witness for the complainant.

Edrad, in his earlier affidavit, confessed to hiring gunman Marlon Recamata and other men and then claimed that Mayor Reyes, on instructions of Gov. Reyes, gave him P500,000 as reward for the killing of Ortega. 

The Reyes brothers admitted paying the gunman but only P5,000.