The Supreme Court has paved the way for the Palawan regional trial court to proceed with the prosecution of former Palawan Gov. Mario Joel T. Reyes, in connection with his involvement in the 2011 murder of radio anchor and veterinarian Gerardo Ortega.
The SC Second Division, through Associate Justice Marvic M.V.F. Leonen, also dismissed for being moot the government’s petition for certiorari on ground that the RTC, Branch 52, handling the criminal case has already issued a warrant of arrest against Reyes.
The tribunal issued the decision on Jan. 11, 2016. Ortega was killed on Jan. 24, 2011.
“Once the information is filed in court, the court acquires the jurisdiction of the case and any motion to dismiss the case of to determine the accused’s guilt or innocence rests within the sound discretion of the court,” the Court ruled.
“It would be more prudent to refrain from entertaining the Petition considering that the trial court already issued a warrant of arrest against respondent,” the SC said, noting that arrest warrants against Reyes and co-accused were issued by the RTC on March 27, 2012.
According to the Court, the issuance of the warrant signifies that the trial court has made an independent determination of the existence of probable cause.
Then Justice Secretary Leila de Lima filed the petition after the Court of Appeals rendered as null and void the Department of Justice’s creation of a second panel to reinvestigate the murder case.
The appellate court upheld the defense’s claim that De Lima gravely abused her discretion when she issued Department Order No. 710 to create a second panel to reinvestigate the case after the first panel refused to receive additional evidence that would have been crucial for the determination of existence of probable cause.