CA revives raps vs ex-Palawan guv in environmentalist’s slay

MANILA -- The Court of Appeals (CA) has ordered the reinstatement of criminal charges against former Palawan governor Mario Joel Reyes in connection with the killing of environmental advocate and newsman, Dr. Gerardo “Gerry” Ortega in 2011.

In a 17-page amended decision dated November 28, the appellate court’s Special Former Eleventh Division, through Associate Justice Marie Christine Azcarraga-Jacob, granted the motion for reconsideration filed by the Office of the Solicitor General.

The latest CA ruling reversed and set aside its January 2018 decision and now reinstates the original information and directed the Palawan Regional Trial Court (RTC) to issue a warrant of arrest against Reyes “and to conduct proceedings..with purposeful dispatch”.

Associate Justice Danton Q. Bueser, Victoria Isabel A. Paredes, Maria Filomena D. Singh and Rafael Antonio

M. Santos concurred.

In granting the OSG’s motion, the CA acknowledged flaws in its original decision clearing Reyes.

“Indeed, the assailed decision has set the parameters of probable cause too high. The defenses raised by petitioner (Reyes), particularly the inadmissibility of (witness Rodolfo) Edrad extrajudicial confession and the alleged inconsistencies in the statements of the prosecution witnesses, are matters which are evidentiary in nature and best threshed out in a full-blown trial.”

“Thus, the proper course of action is not to dismiss the case but to proceed to trial. The Court, at this particular stage of the proceedings, cannot arrogate upon itself the task of dwelling on factual and evidentiary matters,” the CA said.

The court said the Palawan RTC Branch 52) did not commit grave abuse of discretion in issuing its March 27, 2012 omnibus order denying Reyes’ motion to suspend proceedings and its August 29, 2013 order which denied his motion to recall the warrant of arrest.