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Nation

SC: Proceed with trial of ex-Palawan governor

Evelyn Macairan - The Philippine Star

MANILA, Philippines – The Supreme Court (SC) has given the go-signal for a court in Palawan to proceed with the prosecution of former Palawan governor Joel Reyes for the murder of environmentalist and broadcaster Gerry Ortega.

In a 21-page decision penned by Associate Justice Marvic Leonen, the SC Second Division dismissed the petition filed by former justice secretary Leila de Lima to reverse a Court of Appeals (CA) ruling that nullified the creation of another Department of Justice (DOJ) panel to reinvestigate the murder case. 

The CA said De Lima abused her discretion when she created a second DOJ panel after the first one refused to receive additional evidence that would have been crucial to the determination of probable cause.

Instead of creating a second panel of investigators, De Lima should have reviewed the case herself, the CA ruling added.

“A petition…questioning the validity of the preliminary investigation in any other venue has been rendered moot by the issuance of the warrant of arrest and the conduct of arraignment,” the SC said in a statement.

“Once the information is filed in court, the court acquires jurisdiction of the case...Any motion to dismiss the case… rests within the sound discretion of the court, ” it added. 

The SC said the Palawan Regional Trial Court Branch 52 has determined, independently of any finding or recommendation by any panel, that probable cause exists when it issued a warrant of arrest.

Senior Associate Justice Antonio Carpio and Associate Justices Arturo Brion, Mariano del Castillo and Jose Catral Mendoza concurred with the decision.

Reyes and his brother Mario, former Coron mayor, were arrested in Phuket, Thailand in September. They are being held at the Puerto Princesa City Jail.

 

ASSOCIATE JUSTICE MARVIC LEONEN

CASTILLO AND JOSE CATRAL MENDOZA

COURT

COURT OF APPEALS

DE LIMA

DEPARTMENT OF JUSTICE

GERRY ORTEGA

JOEL REYES

PALAWAN

PALAWAN REGIONAL TRIAL COURT BRANCH

PUERTO PRINCESA CITY JAIL

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