CA calls court’s arrest warrant vs. Joel Reyes a grave abuse of discretion

The Court of Appeals said that the Regional Trial Court (RTC) of Puerto Princesa committed grave abuse of discretion in finding probable cause for issuing an arrest warrant against former Palawan governor Joel Reyes.

The CA made the statement as it cleared Reyes of involvement in the 2011 murder of broadcast journalist Gerry Ortega.

In a 24-page decision promulgated on Thursday, the CA Former Eleventh Division Special Division of Five ruled to nullify and set aside the RTC's March 27, 2012 Omnibus Motion and August 29, 2013 Order, dismissing the murder case against Reyes and barring the trial court from proceeding with the case.

The trial court's omnibus motion denied Reyes' motion to hold the issuance of arrest warrant during the pendency of his case at the CA, while its order affirmed finding probable cause to issue a warrant of arrest.

The CA, in its decision, said Reyes was "merely implicated" by a certain Rodolfo Edrad as a co-conspirator in the killing of Ortega.

"Respondent RTC heavily relied on the prosecution witnesses' sworn statements. Such reliance, however, was misplaced," the CA said.

For one, the CA said, there is no other fact and circumstance that connects Reyes to the crime, aside from Edrad's sworn statement.

The witnesses' statements are likewise "riddled with inconsistencies" and "contradictions," the appellate court said.

Moreover, the CA said, Edrad is not a credible witness.

"His incredible testimony, coupled with the contradictions and/or inconsistencies of his statements with the statements of the other prosecution witnesses, affect his credibility and the veracity of his statements," the appellate court said.

"Edrad's sworn statements cannot, therefore, be validly used as evidence against the Petitioner because of, and as it is against, the principle of res inter alios acta," it added.

Even as the Office of the Solicitor General issued a memorandum showing Reyes' alleged involvement in the Ortega murder, it does not support a finding of probable cause against Reyes, the CA said.

The memorandum shows probable reasons that Reyes was involved in the murder, as such, among others, that Ortega was vocal about the widespread corruption involving the provincial government, which included Reyes, and the former mayor's very close relations with Edrad.

"Even if the above matters are considered, the series of evidence presented to establish an accused's participant in the conspiracy must be consistent and should lead to no other conclusion but his participation in the crime as a conspirator," the CA said.

Further, the appellate court said there is no valid circumstantial evidence against Reyes.

"No other act and circumstance connects the Petitioner to the crime other than the sworn statement of Edrad; a sworn statement that is riddled with inconsistencies and does not qualify as a valid circumstantial evidence," it said.

"Under these circumstances, not only was the issuance of a warrant of arrest against the Petitioner unjustified, but more so the finding of probable cause for his indictment. As there is no basis to sustain a finding of probable cause, the petitioner should be shielded from this senseless unit," the CA added.

Despite the dismissal of the murder case, Reyes is still facing graft charges before the Sandiganbayan over his alleged involvement in the questionable use of P1.53 billion worth of Malampaya funds. — BM, GMA News