Is De Lima out of her mind? Lawyer slams DOJ chief over Reyes case

Justice Secretary Leila de Lima. INQUIRER FILE PHOTO

MANILA, Philippines—Justice Secretary Leila De Lima on Monday drew a sharp rebuke from a lawyer for contradicting the Court of Appeals ruling on the case of former Palawan governor Joel Reyes and Coron Mayor Mario Reyes.

The lawyer for the Reyes brothers said the DOJ chief has put in bad light the CA Justices for making baseless allegations when the appellate court reinstated the first resolution that cleared the former Palawan governor and the Coron mayor of murder charges.

The CA, in separate decisions, nullified the body that created to investigate the involvement of the Reyes brothers to the death of broadcaster Gerry Ortega. That body recommended the filing of murder charges against the brothers.

In a statement over the weekend, De Lima said the Department of Justice’s setback may be attributed to the “foul tactics” allegedly employed by parties although she refused to give further details.

“A great part of the challenges has to do with having suspects or respondents who are well connected and with resources that, quite often, resort to foul tactics and illicit means that undermine the integrity of the criminal justice system,” De Lima said.

Lawyer Ferdinand Topacio said Monday “it is now certain that Justice Secretary Leila De Lima is clearly out of her mind.”

“No lawyer, least of all the head of the country’s Justice Department, will issue such blatantly irresponsible statement indicting the Judiciary without any proof of any kind, if not in the grip of insanity,” Topacio said.

On June 8, 2011, the first panel of prosecutors dismissed for insufficiency of evidence the murder complaint against the Reyes brothers. Patria Gloria Inocencio Ortega, wife of Gerry Ortega sought a re-investigation of the case which was denied by the panel prompting her to file a petition for review before the Secretary of Justice.

On September 2011, De Lima issued DO 710 creating a new set of panel of prosecutors to re-investigate the case against the Reyes brothers. The panel ordered the brothers to submit counter-affidavits on the murder complaint against them. On March 20, 2012, the panel eventually filed the case before the court. The Palawan Regional Trial Court then issued a warrant for their arrest.

The brothers filed separate petitions with the appeals court.

The appeals court, in its separate rulings said De Lima created the second body without modifying the findings of the first panel which is in violation of the Rules of Court.

The appeals court said they recognize the power of the Justice Secretary to reinvestigate a case if it deems necessary but the reinvestigation shall be conducted by the original investigator designated to handle the case “unless for compelling reason, another prosecutor is designated to conduct the same.” In this case, however, the appeals court said they could not find any compelling reason to create a second body.

“Secretary De Lima now lashes out blindly at the magistrates who have slapped her down, when she has naught but herself to blame for the blunder by pandering to the blood frenzy being stirred up by certain persons for personal and political reasons.”

“In so doing, she has unfairly placed her brethren in the Judiciary and the defense team of the Reyeses in a bad light. This is a coward’s way out,” Topacio said.