Reyes objects to Ombudsman rearrest plea

Former Palawan Governor Joel Reyes. PHOTO/REDEMPTO ANDA/INQUIRER SOUTHERN LUZON

Former Palawan Governor Joel Reyes has asked the Sandiganbayan not to grant the Ombudsman’s motion to cancel his bail and rearrest him, claiming he had “always been respectful” of the court.

In his seven-page opposition to the Ombudsman’s Jan. 8 motion, Reyes said the mere fact that the Third Division allowed him to post bail while it resolves his appeal on his Aug. 29 graft conviction established that he was “not a flight risk.”

At the time, the court reasoned out that Reyes was not a flight risk because he was still jailed while facing his nonbailable murder case for the January 2011 killing of broadcaster Gerry Ortega.

The former governor walked out of detention on Jan. 5 after the Court of Appeals issued its controversial decision throwing out the finding of probable cause against him. This prompted the Ombudsman to seek the cancellation of his bail before the Sandiganbayan, citing a “change in circumstances.”

The Ombudsman specifically cited in its motion Reyes’ escape to Thailand following his indictment for murder in March 2012. But, in his opposition, he claimed the prosecution did not “substantiate or prove that the Accused is a flight risk.”

His pleading did not even mention his three-year absence, which ended in September 2015 when Thai authorities arrested him for violation of that country’s immigration laws.

Reyes argued the Ombudsman overlooked that the favorable CA decision would make it “absurd for [him] to flee at this time and mitigate the value of his legal victory.”

He said he had abided by the Sandiganbayan’s processes because he went through arraignment on March 5, 2012 for the case involving the anomalous renewal of a firm’s small-scale mining permit and pursued all remedies available to him under the law.

Reyes also cited the hefty P1.08-million bail he posted for his other pending cases before the Second Division involving the alleged misuse of P1.53 billion in royalties from the Malampaya gas field.

“The posting of the significant amount of bail in that case is likewise a disincentive for the Accused to flee,” the opposition read.

Reyes also said he “would not trade the freedom he was granted and is currently enjoying for the life of a fugitive.”

Instead, he committed to the court that he would go to prison should the Third Division affirmed his conviction in the mining permit case.

“In the event… that his conviction is subsequently affirmed with finality, Accused will comply with the orders of the Court,” read the opposition. “Until such a time has come, Accused most respectfully requests the Honorable Court not cancel his bail and allow him provisional liberty pending appeal.”

The Aug. 29 graft conviction arose from the renewal of Olympic Mines and Development Corp.’s small-scale mining permit for the period of Apr. 6, 2006 to Apr. 5, 2008.

Prosecutors questioned the renewal because OMDC already exceeded the annual maximum extraction limit of 50,000 dry metric tons (DMT) of ore, and because it used heavy equipment in its operations in violation of small-scale mining laws.

Notably, OMDC’s permit was renewed seven months ahead of its Nov. 3, 2006 expiration, because the mining firm had exhausted its limit too early. OMDC operated in the southern Palawan towns of Narra and Sofronio Española.

Court records showed that Platinum Group transported on behalf of OMDC a total of 203,399.135 DMT from May 30, 2005 to Apr. 3, 2006 and 79,330 DMT from June 2, 2006 to July 31, 2006.

Reyes also faces 36 counts of graft pending at the Sandiganbayan Second Division in connection with anomalies attending 209 contracts funded by P1.53-billion in royalties from the Malampaya gas field in 2008 and 2009.

Prosecutors accused Reyes of awarding 209 public works contracts to 11 construction firms sometime in 2008, despite several violations of the Government Procurement Reform Act.

The infrastructure contracts were also allegedly disadvantageous for not containing a clause requiring the payment of liquidated damages in case of project delays.

Ortega’s killing was attributed by local media to his exposé of the allegedly irregular use of Malampaya funds that had now led to the pending charges.