The Supreme Court has ordered Palawan Regional Trial Court Branch 52 to proceed with the prosecution of former Palawan Governor Mario Joel T. Reyes for the 2011 murder of broadcaster and environmentalist Dr. Gerry Ortega.
In a 21-page decision penned by Associate Justice Marvic M.V.F. Leonen, the high court’s second division also dismissed for being moot the government’s petition for certiorari, stressing that the Regional Trial Court handling the criminal case has already issued a warrant of arrest against Reyes.
“Once the information is filed in court, the court acquires the jurisdiction of the case and any motion to dismiss the case to determine the accused’s guilt or innocence rests within the sound discretion of the court.” It added that “[i]t would be more prudent to refrain from entertaining the Petition considering that the trial court already issued a warrant of arrest against respondent,” the high court said.
The arrest warrants against Reyes and co-accused were issued by the RTC on March 27, 2012.
It also said that “the issuance of the warrant signifies that the trial court has made an independent determination of the existence of probable cause.”
Former Justice Secretary Leila de Lima filed a petition with the high court after the Court of Appeals nullified the Department of Justice’s creation of a second panel to reinvestigate the murder case.
The appeals court, in its ruling said then Justice Secretary Leila De Lima abused her discretion when she created the second panel of investigators through Department Order 710 despite existence of a first panel that recommended the dismissal of 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 reinvestigation of the case which was denied by the panel prompting her to file a petition for review before the Secretary of Justice. De Lima then created a new panel which ordered the filing of criminal case against Reyes and his co-accused.
The High Court emphasized that the prudent course of action at this stage would be to proceed to trial.
“[T]he trial court has already determined, independently of any finding or recommendation by the First Panel or Second Panel, that probable cause exists for the issuance of the warrant of arrest against respondent. Probable cause has been judicially determined. Jurisdiction over the case, therefore, has transferred to the trial court. A petition for certiorari questioning the validity of the preliminary investigation in any other venue has been rendered moot by the issuance of the warrant of arrest and the conduct of arraignment,” the High Court said.
Senior Associate Justice Antonio T. Carpio, Associate Justices Arturo D. Brion, Mariano C. del Castillo, and Jose Catral Mendoza concurred in the decision.