Gov't to exhaust all remedies vs CA ruling on Joel Reyes, Palace vows

The government will exhaust all legal remedies to reverse the decision of the Court of Appeals (CA) clearing former Palawan governor Joel Reyes in connection with killing of broadcaster Gerry Ortega, Malacañang said Monday.

“We have gotten a decision from the Regional Trial Court (RTC) that the evidence against the former governor Joel Reyes is strong, which prompted the court to dismiss the petition of bail. We will exercise all legal options to reverse the decision of the Court of Appeals,” presidential spokesperson Harry Roque said.

“I think the government will exhaust all remedies including the filing first of a motion for reconsideration having said that there was a prior Supreme Court (SC) decision that it is up to the Regional Trial Court to determine the existence of probable cause, which was already determined,” he added.

For his part, Justice Secretary Vitaliano Aguirre II said the Office of the Solicitor General would have to study if the decision by the appellate court prevents the government from filing an appeal.

"The filing of an appeal depends on the CA ruling — if it will constitute double jeopardy," Aguirre said, referring to the legal principle in which a person cannot be tried for the same crime twice.

Reyes was released from detention last week after the CA cleared him of involvement in the 2011 murder of Ortega, and ordered the Puerto Princesa City RTC to discontinue the trial.

The CA said the RTC committed grave abuse of discretion in finding probable cause for issuing an arrest warrant against former Palawan governor Joel Reyes.

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 CA said Reyes was "merely implicated" by a certain Rodolfo Edrad as a co-conspirator in the killing of Ortega. Edrad, the CA said, was not a credible witness.

In his personal capacity, Roque called the CA’s decision “alarming” and a “travesty of justice.”

Roque, now Palace spokesperson, used to be the legal counsel of Ortega’s family before he became party-list congressman in 2016. 

Roque said it was the first time he was allowed by the President to comment in his personal capacity on the case.

“I find it alarming that the CA decision, number one, overruled an earlier Supreme Court decision. And number two, arrogated its own judgment for that of the Regional Trial Court that had the opportunity to physically accept the evidence, observe the demeanor of witnesses, and concluded that there was probable cause,” Roque said.

Roque also said that the CA decision was a “sad development” for the freedom of the press in the country. —ALG/KBK, GMA News