Ex-gov Reyes’ lawyer: Ortega family can still ask court to reopen murder case

The family of broadcaster Gerry Ortega can still reopen the murder case against former Palawan governor Joel Reyes, the local official's lawyer said Saturday.

“There is no ruling on anything other than the correctness of the warrant of arrest as well as the finding of probable cause. Hindi naman nag-rule ang Court of Appeals on the merits of the case,” lawyer Demetrio Custodio, who represents Reyes, told GMA News Online in a phone interview.

Custodio said "theoretically," the Ortega family can still ask for the reopeneing of the murder case but it “should be on the basis of there being further evidence that can be presented.”

Custodio said Reyes was released from detention at around 5:40 p.m. on Friday after the Court of Appeals upheld his petition, which raised that prosecution witness Rodolfo "Bumar" Edrad Jr issued no "corroborative statement" in his testimony.

The appellate court, in finding "insufficient basis for the finding of probable cause" of the Puerto Princesa City Regional Trial Court, ordered the release of the former Palawan governor. It also ordered the local court to discontinue the trial.

Quoting the ruling, Custodio said “there being insufficient evidence, the finding of probable cause is wrong and therefore it nullifies the order of the RTC,” in effect voiding further the local court's proceedings, particularly the issuance of a warrant of arrest against Reyes.

Reyes and his brother, former Coron Mayor Mario Reyesm, were arrested in Thailand in 2015 after three years in hiding.

The former mayor was granted bail in 2016, but the former governor's bid for temporary liberty was denied the same year.

Custodio said Reyes is now “enjoying his newfound freedom.”

Anti-graft court Sandiganbayan had sentenced the former Palawan governor to a maximum of eight years imprisonment after finding him guilty of graft for the anomalous renewal of small-scale mining permits in Palawan.

Reyes is also facing separate charges before the Sandiganbayan in connection with the alleged anomalous use of around P1.53 billion from the Malampaya fund, and with the alleged fertilizer fund scam.

He has sought the dismissal of both cases.

In shock

Michelle Ortega, the victim's daughter, said in a statement that their family were "still recovering from the shock of yesterday's CA decision ordering the release" of Reyes.

"This decision comes a few weeks before the 7th year anniversary of Doc Gerry's murder. [Seven] years of fighting for justice and press freedom," she added.

The hard-hitting broadcaster, also an environmentalist, was killed by a lone gunman nearly seven years ago, on Jan. 24, 2011.

She said they have not yet received a copy of the ruling and “will need time with our lawyers to study it and plan our next move.”

“Until then, we ask everyone to remain vigilant,” she said. —ALG, GMA News