I have right to create 2nd panel–De Lima

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MANILA, Philippines—Justice Secretary Leila de Lima on Monday insisted she did nothing wrong when she created a second panel at the Department of Justice (DOJ) to reinvestigate the 2011 killing of broadcaster Gerry Ortega. That panel recommended the filing of murder charges against former Palawan Gov. Joel Reyes and his brother Mario Reyes.

De Lima said it was within her “broad authority’’ to do so although the Court of Appeals (CA) issued a second ruling clearing the Reyes brothers of complicity in Ortega’s murder, despite the recommendation of the second DOJ panel.

“We firmly take the position that the authority to create a panel carries with it, theoretically or as a matter of legal proposition, the authority to create a second or third panel, etc. or even to altogether dissolve the original panel,’’ De Lima told reporters.

“All that falls within the broad authority of the secretary of justice, in the interest of justice,” she added.

On March 19, the CA Special 10th Division voted 3-2 to uphold the order of the first DOJ panel clearing the Reyeses in the murder of Ortega.

But De Lima said the Office of the Solicitor General would appeal the ruling. It will be the second motion for reconsideration to be filed by the DOJ in the same case.

The DOJ filed a motion for reconsideration five months ago on the November 2012 order of the CA Special Fifth Division that nullified the second DOJ panel that reinvestigated the Ortega murder and recommended the filing of the charges against the Reyes brothers.

The Reyes brothers, who went into hiding shortly before arrest warrants were issued against them arising from the murder complaint, had filed separate petitions before the appellate court.

They had slammed the second DOJ body that De Lima created on Sept. 7, 2011, through Department Order No. 710 to conduct a reinvestigation after the first DOJ panel cleared the brothers of murder on June 8, 2011.

New evidence

The March 19 order was approved by three of the five-member CA Special 10th Division. Dissenting from the ruling were Associate Justices Noel Tijam and Romeo Barza, who both issued separate dissenting opinions.

Speaking to reporters after attending the 11th Asean Experts Group on Competition at Sofitel hotel in Pasay City, De Lima said she disagreed with the three justices who said her creation of the second DOJ panel caused chaos. She said she merely wanted the new pieces of evidence proffered by the Ortega camp looked into by the DOJ as they contained “the record of the exchanges of calls between the suspected mastermind and one of the coaccused turned state witness.’’

The first panel had wrapped up its work when the new evidence came up and, according to De Lima, she asked the first panel to reconvene so it could take a look at the new evidence but it refused to do so.

“So I created a second panel in order for it to take a look at the new evidence,’’ she said.

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  • barako22

    nagkabayaran na eh kaya ayaw tanggapin ang ebedensya mga corrupt talaga yan nasa court of appeals

  • est

    Go go we support you

  • wawa2172

    Well Laila loses again, oh well, when will she do things right. The only person she is able to put in prison is The Pandak and it is because the PNoy government put muscle on the lower court by filing non bailable cases like the weak electoral fraud na napakabagal nang process. Now de Lima did the worse and the sensational Ortega murder case is almost over with the culprits be free as a bird soon. Ang supreme court na lang ang kulang and if the court sustain CA decision then its a checkmate na. Ping and cohorts are now cleared though obviously that are the real suspects in Dacer-Corbito case but Laila built a weak case to please PNoy whose a K of Ping. Now what Laila, only one thing to do…mag resign ka na at nang mapalitan nang mas mahusay. PNoy however will run to your rescue because you are a lapdog.

    • http://totocausing.com Berteni Cataluña Causing

      And you know what? As if GMA could still escape. Imagine that the RTC of Pasay granted bail to one of the cases for GMA and to Ben Abalos?

  • http://totocausing.com Berteni Cataluña Causing

    Leila De Lima, indeed in dilemma

    The Justice Secretary insists it is her right to create a second panel of preliminary investigators when the work of the first panel was not yet completed.

    She had the authority to create investigative panels.

    But for you to claim that you created the second panel because the first panel refused to do what you ordered them to do, which was for it to consider new evidence, is something that is exceedingly disgusting.

    Are you saying that the panels you just created can say “NO” to you just like that?

    Now, you said that the first panel already “wrapped up” its work so that it refused. What? Where is their work that was wrapped up?

    Why create a second panel when you have the power, as the DOJ boss, to review and re-investigate, and apply the new evidence that you claim?

    We file Petition for Review and Reinvestigation with your office in compliance with the National Prosecution Service (NPS) Rule on Appeal, which was promulgated by then DOJ Sec. Artemio Toquero.

    By this NPS Rule on Appeal, you have the power to apply the new evidence. So why create a second panel?

    IS IT NOT, LEILA, THAT YOU DELIBERATELY CAUSED A LOOPHOLE SO THAT YOUR FORMER CLIENT, JOEL REYES, GETS AN ESCAPE HOLE FROM THE CHARGE OF MURDER BROADCASTER DR. GERRY ORTEGA?

    Nevertheless, you can save the work of the second panel if you indeed want it to.

    Again, you have the power to do so and it takes only your pen to do it.

    You can exercise your power of qualified political agency: you can take over the work of any person under you.

    • tarikan

      “But for you to claim that you created the second panel because the first panel refused to do what you ordered them to do, which was for it to consider new evidence, is something that is exceedingly disgusting”. Disgusting or not it is in her departmental authority to do just that. Imagine the 1st panel refusing to consider new evidence? What do you make of that? The security fibers of the paper money were crawling under the first panel’s skin.

  • nice_boy

    Just decide on the motion of the victims’ relatives vs the 1st panels recom. On this your power is clear and unquestionable. Do not insist on the correctness of creating a 2nd panel. Strike two ka na dito. Another strike and the Reyeses walks.

  • Mickey Hiss

    With the wave of public opinion, Secy de Lima has taken it upon herself that she is right versus the three (3) CA justices. Popularity does not give one the right to overrule the rule of law. Otherwise we’ll end up with a government that rules by tyranny in the guise of public support.

    • $14334231

      we’ve had this rule of law way before and up to this date….money talks, BS walks……that’s the credo of most in the judicial system…..

    • http://totocausing.com Berteni Cataluña Causing

      Mickey, thank for coining the word “Secy”, I like it. It is close to “Saucy”.

  • catmanjohn

    I am willing to bet the three judges of the Court of Appeal 10th Division took bribes from the guilty parties. Justice Philippines style. Inquirer should expose them and their SALN’s.

  • Mr Moonlight

    You dont have to be a genius to make an accurate conclusion that those 3 associate justices of CA sold their integrity in exchange for CASH
    Those 3 crooks should be shot and killled then decapitated
    The end justify the means
    Case closed

    • http://totocausing.com Berteni Cataluña Causing

      OMG, I prefer to make them give the money to the Ortega family. He he he…

  • Horst Manure

    If the first panel didn’t work why should any other panel’s be better,

    The whole department of jokes (DOJ ) is the problem and not have a efficient legal system to support any decision the DOJ wants is the other problem, like a glass eye all you have is show.

  • http://twitter.com/ughklas Arnello A. Novicio

    Ipako sa krus yong tatlong CA justices ngayong Semana Santa.

    • Akoaykanoy

      Mayroong pambili na naman ng haybol sa US ang kanilang mga pamilya pero huwag dito sa chicago at siguradong bubumbahin kayo rito ng mga noypi at mapapahiya lang kayo dito ang aming hanapbuhay ay legal tulo ang aming pawis sa trabaho para pambayad ng bills kaya huwag na huwag kayong pupunta rito

  • HarryK

    If it is not double jeopardy then go to the Supreme Court.

  • Mamang Pulis

    !@@##$$%^&($!! eh lintek! anu pa silbi ng CA kung itataob mo rin lang ha?

    kelan naging supreme court si delimas?

  • divictes

    This is a clash of egos and Justice got mauled in the riot.

  • $14334231

    “The Reyes’ brothers, who went into hiding shortly before arrest warrants
    were issued against them arising from the murder complaint, had filed
    separate petitions before the appellate court.”

    if i am the appellate court, i will not entertain any petition until the petitioners appear in court or have subjected themselves on the warrant of arrests….otherwise, why hide if you’re not guilty???….MTBSW (money talks, b@#sh*t walks) modus openradi by the court?…only in “da pilipines”……..hay naku….

  • vin reyes

    hahaba lang ang issue na to..gawin na lang ng doj secretary ang sa tingin nya ay nararapat sa halip na kumanta ng kumanta sa harap ng mga media..nagmumukhang showbiz tuloy daming intriga..huwag mong tantanan kung tama ka pero kung mali ka naman e manahimik ka na lang at tingnan nyo kung saan kayo nagkaMALI..pare-pareho kayong magagaling..iisang libro lang ang pinagmulan pero sa teknikal kayo nagkaka-banggaan..kaya ang tao nagkakaroon ng kanya-kanyang pansariling pananaw patungkol dito…

  • Victor Magallanes

    What is really the issue here? Leila contends that it is within her authority to create a second panel. Well, nobody is objecting to that. She can well do so given she has to follow the rules of procedure when creating the second panel. Did she adhered to the rules when she created the second panel? The CA said she did not thus the second panel is illegal and the findings of the first panel stands. It is as simple as that.

    It is no surprise that de Lima has committed another blunder. She is famous for this.

  • http://www.yellowmythbusters.gov.ph/ Weder-Weder Lang

    Instead of making oink-oink and making so much unnecessary noise, the pig-headed Botcha de Lima should just follow proper legal procedures. Because of her shortcuts, she undermined the due process of the law and denied the family of Doc Gerry justice.

    Hanggang oink oink na lang ang kaya ni Botcha de Lima.

  • Veronica Sanchez

    WOW! 2 CA divisions have ruled against the creation of the second panel by de Lima. This is what, 8 CA justices vs 2 CA justices and the DOJ chief? Remember that the separate petitions were filed by the Reyes brothers even before the 2nd panel came out with the findings. The Reyeses followed the procedure, de Lima did not.

  • $16638896

    siguro the best thing jan is pa-salvage nalang ang magkapatid na reyes para tipid sa gobyerno.

  • schmuckthat

    Yes Leila, you have the right to create a 2nd panel, a 3rd, 4th, or 5th but being the Justice Secretary does not give you the right to bypass the law.

  • Lancer Mitsu

    De Lima is really bobo! What the CA is saying is that since there is/was a standing appeal of the findings of the 1st panel, it had to be resolved first before entertaining or proceeding with another investigation..VERY SIMPLE! This just shows that Atty. Leila de Lima was never a LAWYER in the strict sense of the word. SHE DOESN’T KNOW LAW!

  • Lancer Mitsu

    I hope that the DOJ’s appeal reaches the SC so that De Lima gets s double blackeye..what a shame! DOJ secretary daw..how many more blunders will De Lima commit? What happened to the disbarment case against her? Gone w/ the wind?

  • conradoibarra

    How can De Lima be certain that she has the right to create the 2nd panel when the CA ruled out that she committed grave abuse of discretionary powers in doing so?

    It’s simply saying that someone has the right to eat but does not have the right to steal. It makes sense in due process that the ends will never justify the means and De Lima in this case had her targets set on the Reyes’ and overstepped her bounds just to achieve her desired result, to the point of overlooking the legalities of her actions.

    This is concerning, to the point of being disturbing, as it removes the bias and unprejudiced stand of the DoJ when handling cases.It is a scary thought of what the repercussions will be if indeed the Reyes’ were indicted yet in fact the CA already found them innocent.

  • wakats

    “All men make mistakes, but a good man yields when he knows his course is wrong, and repairs the evil. The only crime is pride.” (sophocles)

    De lima is typical of this administration – and it’s damned wrong……

  • http://www.facebook.com/sum.substance Sum Substance

    Of course you do Madam Secretary, your politician-benefactors would most definitely agree that you should. Oh by the way Madam Secretary, how are Pepito and Edward nowadays?

    • http://totocausing.com Berteni Cataluña Causing

      He he he, PEPITO ALVAREZ and EDWARD HAGEDORN?

  • Mateo Guinto

    Kaya kaming mga pulis nalilito rin kung ano at sino ang susundin, andaming magalaing. Abogado na nga di pa nakakaintindi eh. Ka simpleng bagay. Kung talo eh di talo na. Wag na kasing ipagpilitan mam de lima. Di ba parating sinasabi ng doj sa mga pulis na once case at a time, pag di nag progress then next case na. Alam namin nating lahat eh, di lahat ng akusado ay guilty.

  • david

    o sya sige you have the right. the court just found it wrong.

  • david

    kelan kaya bi-bingo si delima sa presidente para mawala na sya?

  • kilabot

    in fairness to delima,
    she can do anything she wants,
    as long as it is approved by noykapon;
    what noykapon wishes is the yellow subjects’ command.

  • BOYPDAF

    Problem is we are too much democratized country!anything could happen esp if public officials are involved!Kay ninoy nga nakulong ang mga sundalo till now di alam ang mastermind!almost 30 yrs na,,sad for Ortega family..minsan sarap isakamay ng hustisya!sad for ruby rose family too..

  • boybakal

    I have right to create 2nd panel–De Lima

    Agree….De Lima has a right to create a 2nd panel.
    But such right is not absolute. It should conform to the law so that equality be given to the accused and not to victim only….that is due process.
    Just like Freedom….we all have Freedom but that Freedom is subject to restriction too.
    Much more if it is only a Right…A Right that maybe not Right.
    Let’s give De Lima the benefit of the Right….until she is proven not Right.

  • noyab

    SECRETARY LILIA DILEMMA OF DEPARTMENT OF JOKESTICE…PLS RESIGN KA NA ANG ENJOY UR LOOTS….

    • kapalkupal

      noy nasa ospital nanay mo may cancer. patawarin mo na sya

  • pedro asintado

    Mukhang mahihirapan na ang idol kong si DOJ sec Leila De Lima sa laban na ito sa CA ! Masyado ng legalistic ang taktikang ginagamit dito para mapagtakpan ang katotohanan at makalusot sa kaso ang mga kriminal at masterminds ! Sana naman po mga CA justices , kayo ay maging kasangkapan sa paghahanap ng katarungan at hindi na sa palusutan. .

  • http://www.facebook.com/merriam.paez Merriam Paez

    Well, go on Ms.Justice Secretary
    and make a lot of investigating panels as long as you wish for until it
    satisfies you. You suddenly used your “BROAD AUTHORITY” when the CA special 10th
    division smashed your 2nd investigating
    panel’s allegations lately. Remember that the 5th division smashed
    it already for lack of probable cause and evidence. I am sure that CA will
    stand in their first decision, if not, then I will rate our justice secretary
    as one of the best dictators in world history in the making for ignoring the CA’s
    decision not once but twice.

  • http://www.facebook.com/arnold.tindeg Arnold Tindeg

    De Lima has the right to create
    investigating panels as long as she wants with her so called broad authority.
    CA has all the right to interpret allegations whether to continue or nullified
    the charges based on all evidences presented by panel of prosecutors but all
    the evidences lacked probable cause and were nullified two (2) times already.
    Fabricate other evidences with the aid of your 3rd and 4th panel for you to
    have the last laugh.

  • http://www.facebook.com/minda.miclat Minda Miclat

    Tama na po yan madam secretary
    kasi binabastos mo na ang CA sa mga
    ginagawa mong pag ignore sa kanilang desisyon. Pare parehas pa naman po kayong
    mga abugado at irespeto nyo ang desisyon ng isa’t isa buti sana kung isang
    beses lang eh pangalawang beses na po ito. Nasabi mo rin na kasama rin sa
    authority mo na idissolve ang mga panel. Mag move on na po kayo sa pagkatalo ng itinatag niyong mga
    investigating panel. Ibigay nyo na lang po sa mga mahihirap ang pera na
    gagastusin niyo sa baka sampung investigating panel pa na itatatag pa ninyo sa
    mga darating na araw masunod lamang ang inyong kapritso para sa pangkain nila at
    ng mga anak nila .Kasi po parang hinahanapan nyo talaga ng butas kahit wala namang
    butas.

  • http://www.facebook.com/rico.mistal Rico Mistal

    What is the use of an Appellate
    Court in our country if it is just being mocked by a single lady who was not
    used of respecting Court Orders and Decisions based on court procedures? This
    lady has her own definition of court decisions as well as court procedures. I admired
    her when she was still in the Commission on Human Rights due to her dignity and
    guts to protect the rights of the people but right now she is going to use her
    broad authority just to obliterate the CA’s final decision not to indict these 2
    innocent people. I believed they were just victims of the black propaganda
    tactic employed by the Expert Tactician who is seeking the Senate to gain more
    power and influence to continue his scenario -making hobby.

  • http://www.facebook.com/ryan.tandoc.7 Ryan Tandoc

    This scenario just strengthens one
    of my preferred Filipino sayings, “KAPAG ANG BANGAW AY PUMATONG NA SA KALABAW, AY
    MAS MATAAS NA ANG BANGAW SA KALABAW”. Well, sana hindi madamay ang kalabaw sa
    bangaw.

  • http://totocausing.com Berteni Cataluña Causing

    If Leila De Lima steps down from DOJ, by resignation or otherwise, she is just like another of us: ordinary lawyer.

  • boybakal

    I have right to create 2nd panel–De Lima

    Agree…there is check and balances for any powerful and abusive department, in this case De Lima.
    The CA steps in.

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