PALAWAN, Philippines — The Court of Appeals (CA) has reinstated the murder charges filed against former Palawan governor Joel Reyes in connection with the killing of broadcaster and environmentalist Gerry Ortega.
In a 17-page decision dated Nov. 28 but released only yesterday, Associate Justice Marie Christine Azcarraga-Jacob reversed the Jan. 4, 2018 CA ruling that freed Reyes.
The appellate court directed the Puerto Princesa City Regional Trial Court (RTC) Branch 52 to order the arrest of Reyes and restart the proceedings of his case. It affirmed the Palawan court’s omnibus order dated March 27, 2012 that denied Reyes’ motion to suspend the proceedings and Aug. 29, 2013 order that denied his motion to recall his arrest warrant.
Retired justice Normandie Pizarro penned the decision of the Special Former 11th Division in January 2018 that cleared Reyes of the charges, citing lack of evidence.
Pizarro ordered the Palawan RTC to dismiss the cases against Reyes and release him from jail.
The Office of the Solicitor General filed a motion for reconsideration of the CA ruling.
The new CA ruling said Pizarro’s decision “disregarded judicial parameters” in judging the guilt of the accused.
It also cited a 2016 Supreme Court ruling, which validated the panel that indicted Reyes.
”At this stage of criminal proceedings, the judge is not yet tasked to review in detail the evidence submitted during the preliminary investigation. It is sufficient that he... evaluate the evidence in determining probable cause to issue a warrant of arrest,” the ruling read.
“In reviewing the finding of probable cause made by the RTC, this court has the duty... to determine the probability not the certainty of guilt of the petitioner,” it added.
The CA also cited inconsistencies in the statements of prosecution witnesses, ”which are evidentiary in nature and best threshed out in a full-blown trial.”
Ortega was gunned down in Puerto Princesa on Jan. 24, 2011.