Ortega's wife appeals DOJ panel's resolution

Manila, Philippines - The wife of slain radio commentator Gerardo “Gerry” Ortega yesterday filed a motion for partial reconsideration before the Department of Justice (DOJ) asking the agency to reverse its findings clearing former Palawan governor Joel Reyes and several others of murder charges for the death of the environmental activist.

In a 43-page motion, Ortega’s wife Patria Gloria, through legal counsel Harry Roque Jr., asked the DOJ prosecution panel to reconsider its resolution last June 8 and issue an order recommending the filing of information against Reyes, Mario Reyes, and former Marinduque governor Jose Antonio Carrion as principals by induction in her husband’s murder.

Mrs. Ortega also urged the DOJ prosecution panel to recommend the filing of information against lawyer Romeo Seratubias, Arturo Regalado and Percival Lecias as principals by direct participation and/or indispensable cooperation in the killing.

Mrs. Ortega also urged the panel to recommend the discharge of Rodolfo Edrad as a state witness to testify against the respondents.

Mrs. Ortega also sought the filing of information against Armando Noel, Arwin Arandia and Dennis Aranas as accessories to the murder, with the mitigating circumstance of voluntary surrender.

In its earlier resolution, the DOJ prosecution panel indicted Rodolfo Edrad Jr., Noel, Aranas and Arandia, finding probable cause to hold them for trial in Ortega’s murder.

Meanwhile, the prosecution panel dismissed the complaint against Reyes, Carrion, Mario Reyes, Seratubias, Regalado and Lecias due to “insufficiency of evidence.”

However, in her motion, Mrs. Ortega said a close reading of the resolution showed that the panel’s findings are contrary to the well-established principle that preliminary investigations are intended to determine only the existence of probable cause, which needs only to “rest on evidence showing that, more likely than not, a crime has been committed by a suspect” and “does not require a full and exhaustive presentation of the parties’ evidence.”

Contrary to well-established precedent, however, she said the prosecution panel appeared to have required actual and/or positive certainty for the indictment of Reyes, Mario Reyes, Carrion, Seratubias, Regalado and Lecias.

In this case, the complainants, the Philippine National Police and National Bureau of Investigation, submitted evidence to the panel expressing their position that the respondents be indicted for the murder, she said.

In submitting the complaint to the prosecution panel, she said the PNP and NBI have exercised their official functions to investigate crimes.  

The two agencies believe that the respondents should be held for trial for the Ortega murder, she added.

Furthermore, Mrs. Ortega said the panel’s resolution to dismiss for “insufficiency of evidence” makes much of the alleged lack of evidence of the communication between Edrad and former governor Reyes as well as minor inconsistencies in the statements of Edrad, Noel, Aranas and Arandia.

However, she said records show that there is sufficient evidence for a finding of probable cause.