Court asked to reconsider release of ex-Palawan governor Reyes

MANILA, Philippines — The Office of the Solicitor General has asked the Court of Appeals to order former Palawan Gov. Joel Reyes arrested again and detained, pending his trial for the murder of environmentalist and broadcaster Gerry Ortega seven years ago.

In a 53-page motion for reconsideration, Solicitor General Jose Calida said that the appellate court erred in ruling that the trial court committed grave abuse of discretion in granting Reyes' appeal for a nullification of his arrest.

"It bears repeating: The admissibility of evidence, their evidentiary weight, probative value, and the credibility of witnesses are matters that are best left to be resolved in a full-blown trial," Calida said.

The same sentiment was raised by Associate Justices Maria Filomena Singh and Marie Christine Azcarraga-Jacob in their dissenting opinions.

READ: Premature to release Reyes in Ortega murder case, dissenting CA justices say

In a decision dated Jan. 4, 2017, the CA's Former 11th Division Special Division of Five voted 3-2 to order Reyes released from detention for lack of probable cause.

But Calida said that that the appellate court used its "own standard of probable cause" that is different from that required by law.

"In order to determine probable cause, it suffices that it is believed that the act or omission complained of constitutes the very offense charged. However, this Honorable Court gravely erred when it considered all these evidentiary matters and resorted to calibrations of the rules of evidence in determining the probable cause," the solicitor general said.

In granting Reyes' petition, the CA said that the former governor was "merely implicated" as a co-conspirator in the killing of Ortega.

The appellate court also gave weight to Reyes' argument that the evidence against him was "not competent" to establish reasonable grounds that he participated in the crime.

Calida pointed out that the CA "could not point to a principle or law regarding the determination of probable cause that the trial court exceeded or ignored. No arbitrariness can be attributed to the trial court."

He asked the CA to "reconsider and reverse its Jan. 4, 2018 decision" and allow the court proceedings at the sala of Puerto Princesa City Regional Trial Court Branch 52 to continue.

The CA’s decision was penned by Associate Justice Normandie Pizarro, who also wrote the 2017 decision reversing the ruling of a Makati City court on the serious illegal detention case against alleged pork barrel mastermind Janet Lim Napoles.

It was earlier reported that Pizarro would retire early next month.

READ: CA justice’s retirement raises eyebrows

Reyes is also facing a string of graft cases in the Sandiganbayan. Earlier this month, the prosecutors from the Office of the Ombudsman, citing an earlier graft conviction, have also urged the Sandiganbayan to order the return of Reyes to detention.