CA affirms ruling clearing Palawan gov in Ortega death
Gerry Ortega murder case. INQUIRER PHOTO
MANILA, Philippines—The Court of Appeals stood pat on its ruling clearing former Palawan Governor Joel Reyes for the death of broadcaster and environmentalist Gerry Ortega.
In a 6-page resolution, the appeals court special 10th division of five denied the motion for reconsideration filed by the Department of Justice for lack of merit to reverse its April 1 ruling that affirmed the order of the first DOJ panel clearing the former governor in the murder of Ortega.
The appeals court, in its March 20 ruling, said Justice Secretary Leila De Lima abused her discretion when she created the second panel of investigators through Department Order 710 despite the existence of a first panel that recommended the dismissal of the murder case against Reyes.
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.
In 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 government, through the Office of the Solicitor-General, appealed the decision but the appeals court, in its recent ruling said “the resolution of the first panel of prosecutors which found no probable cause against petitioner [Mario Joel Reyes] for insufficiency of evidence was not erroneous.”
The appeals court said the first panel of prosecutors received the evidence of both parties and properly acted on the motions for reconsideration and to re-open preliminary investigation for introducing supposed new evidence.
Meanwhile, the Ortega family, through their lawyer Alex Avisado, said they are unfazed by the appeals court ruling which was based on technicality.
“We will continue our pursuit of justice for the murder of Dr. Gerry Ortega all the way up to the Supreme Court. Now that it has been shown that Doc Gerry Ortega was killed because of his exposé on the plunder of Malampaya funds, it would be a travesty and an injustice to let the masterminds go free,” Avisado said.
Justice Secretary Leila De Lima, on the other hand, said they would elevate the case to the Supreme Court.
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