Joel Reyes (File photo from Philippine Daily Inquirer)
Despite losing his gubernatorial bid, former Palawan Gov. Joel Reyes, the principal suspect in the murder of environmentalist Gerry Ortega, has been disqualified as a candidate in the May 2022 elections.
In a 15-page resolution dated Jan. 5, the second division of the Commission on Elections (Comelec) granted the petition of Nasir Miranda and Mohammad Asgali filed in April last year that sought to disqualify Reyes from running for his old post.
The poll body’s decision was grounded on Reyes’ “intent to evade” arrest after being indicted for the killing of Ortega.
“The circumstances clearly indicate respondent’s intent to avoid prosecution for the said criminal charge, thus making him a fugitive from justice,” the Comelec said.
“Being a fugitive from justice… is a ground for disqualification or ineligibility to run for a local elective position,” it added.
In March 2012, Reyes and his brother, Mario, fled to Vietnam to evade arrest after the Department of Justice indicted them for Ortega’s murder.
A hard-hitting broadcaster, Ortega had denounced the former governor for his inability to stop the abuses and violations of environmental laws committed by mining companies in Palawan. He was shot at a thrift store in Puerto Princesa City in January 2011.
The Reyes brothers were arrested in Phuket, Thailand, in September 2015. They were deported to Manila and then detained at the Puerto Princesa City jail.
No perpetual ban yet
However, the Comelec second division said that it could not grant the petition for perpetual disqualification against Reyes based on his graft conviction by the Sandiganbayan because of pending resolutions in a motion for reconsideration and his urgent reiterative omnibus motion.
“Without the finality of judgment, the accessory penalty of perpetual disqualification to hold public office cannot yet be enforced,” it stressed.
Reyes lost by over 42,000 votes to now Palawan Gov. Dennis Socrates in the May 2022 elections. A total of six candidates vied for the position.
In granting the petition, the Comelec said that Reyes’ defeat did not render the disqualification complaint against him moot and academic, citing a 2009 decision of the high tribunal.
“The Supreme Court emphasized that a disqualification case still presents a justiciable issue which the Comelec should resolve, instead of merely declaring that [it] has become moot and academic in view of petitioner’s defeat,” it said.
The Comelec resolution was signed by all three members of the second division led by presiding Commissioner Marlon Casquejo, and Commissioners Rey Bulay and Nelson Celis.