Reyes brothers ask court to quash arrest order in Ortega slay

Former Palawan Governor Joel T. Reyes INQUIRER FILE PHOTO

MANILA, Philippines–Lawyers of former Palawan Governor Joel Reyes have sought the lifting of the arrest warrants issued against him and his brother, Coron Mayor Mario Reyes.

The Palawan Regional Trial Court issued the arrest warrant in March last year against the Reyes brothers in connection with their alleged involvement in the death of broadcaster and environmentalist Gerry Ortega.

Defense lawyer Ferdinand Topacio said in a statement that they filed a motion with the lower court to lift the arrest warrant following the separate rulings of two Court of Appeals division that nullified the second panel created by Justice Secretary Leila De Lima and reinstating the findings of the first panel that cleared the Reyes brothers.

The motion pointed out that it was the findings of the second panel which was nullified by the appeals court that prompted the issuance of the arrest warrants.

Topacio then asked how can the arrest warrants continue to be effective if their issuance has been set aside and nullified by the Court of Appeals.

Citing Rule 39 Section 4 of the Rules of Court in actions for injunction, Topacio pointed out that the decision  should be immediately executory.

He said they used the same arguments raised by Senator Panfilo Lacson who was cleared by the Court of Appeals in the Dacer-Corbito slay case. Lacson’s lawyer, he said, is now the lawyer of the Ortega family.

The Reyes brothers managed to sneak out of the country shortly before the court ordered their arrest but they filed separate petitions with the appeals court to nullify the second panel and its
findings against them.

Then, on March 19, the Appeals court Special 10th Division voted 3-2 to uphold the order of the first DOJ panel clearing the former governor in the murder of Ortega.

Similar ruling was issued by the appeals court fifth division in November last year clearing the mayor.

Justice Secretary Leila De Lima said the appeals court ruling did not automatically lift the arrest order issued by the court.

Topacio said De Lima should stop making public pronouncement on the merits of the case against the Reyes brothers.

“The issue of the lifting of the warrant of arrest against Gov. Joel Reyes is a matter of judicial discretion, as in fact, there is now a pending motion to that effect filed by the lawyers of Gov.
Reyes before the trial court, which the government prosecutors are free to oppose.”Topacio pointed out.

The defense counsel added that for Justice Secretary to give an opinion on the merits of the case “is nothing but a transparent attempt to influence the courts. This is another proof of the
bias which now permeates the entire Justice Department against our client.”

Originally posted at 08:49 am | Monday, April 01, 2013