Philippine Daily Inquirer

Arrest warrants for Reyeses stay

- By TJ Burgonio

THE ARREST warrants against former Palawan Gov. Joel Reyes and his brother for the killing of broadcaste­r and environmen­tal activist Gerry Ortega will stay as the Court of Appeals ruling invalidati­ng the findings of a justice department investigat­ion panel is not yet final, according to presidenti­al spokespers­on Edwin Lacierda.

It goes without saying that the P2-million bounty for the arrest of the former governor and his brother, former Coron Mayor Mario Reyes, would also stay, Lacierda said.

He said Malacañang was upholding Justice Secretary Lilia de Lima’s exercise of her “plenary authority” to create a second panel to re-investigat­e the murder, arguing that she did not abuse her discretion. He said the Office of the Solicitor General would file a motion for reconsider­ation with the appellate court.

Ortega was gunned down in January of 2011 in a case that rights groups said highlighte­d the “culture of impunity” in the Philippine­s where politician­s routinely attack their critics without being punished.

Despite the strong evidence, however, prosecutor­s initially cleared the Reyes brothers, triggering a public outcry and an intense social-media campaign that forced the justice department to reinvestig­ate the case.

Probable cause

In March, a new investigat­ion panel created by De Lima ruled there was probable cause to charge the two, and a Palawan court subsequent­ly issued an arrest warrant.

The case, however, suffered a setback last Tuesday, when the appellate court invalidate­d the findings of the second investigat­ion on a technicali­ty, potentiall­y voiding the arrest warrants.

In its decision, the appellate court’s 5th Division castigated De Lima for abusing her discretion in creating a second panel instead of reviewing the resolution of the first panel, which concluded that there was no probable cause to indict the Reyes brothers.

It said De Lima should adhere to the rules of procedure for the administra­tion of justice, lest her vast powers become susceptibl­e to abuse. “Scary!!” read the decision penned by Associate Justice Leoncia Real-Dimagiba.

Meanwhile, the lawyer of the Reyes brothers, who have been on the run since March, said the fugitive politician­s would remain in hiding until a court lifts the arrest warrants against them.

“We will file a motion with the court to get a definitive statement on the lifting of the warrant of arrest against them,” lawyer Ferdinand Topacio said.

“Until we get that, I would suggest to them not to surface first. They are fugitives from injustice,” he said.

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