CA affirms dismissal of contempt case vs De Lima

MANILA, Philippines - The Court of Appeals (CA) has affirmed its dismissal of contempt charges against Justice Secretary Leila de Lima for her statement on the junking of the case against fugitive former Palawan governor Joel Reyes in the killing of broadcaster Gerry Ortega on Jan. 24, 2011.

In a two-page resolution released last week, the CA’s 14th Division denied the appeal filed by Reyes seeking reconsideration of its June 13 resolution dismissing outright his petition to cite De Lima for indirect contempt.

The CA upheld its earlier finding that the petition is “defective” due to the failure of the former governor to sign a certification of non-forum shopping. The CA added that there is no legal basis to cite De Lima for indirect contempt.

Associate Justices Celia Librea-Leagogo and Melchor Sadang concurred in the ruling, penned by Associate Justice Franchito Diamante.

The case stemmed from De Lima’s statement when she aired her frustration after the CA cleared Reyes of murder charges in the killing of Ortega due to the supposed procedural lapses on the part of the Department of Justice in investigating the case.

De Lima said she knew about “something that happened” that led to the favorable decision for Reyes but refused to elaborate, saying she has no “solid proof” from an “A1 source” to back her claim.

De Lima later on explained she was merely exercising her right to free expression.