MANILA, Philippines — Solicitor General Jose Calida wants an investigation on the Court of Appeals (CA) decision clearing former Palawan governor Joel Reyes in the killing of environmentalist and broadcaster Gerry Ortega in Puerto Princesa in January 2011.

In a statement yesterday, Calida questioned the decision of the CA’s former 11th Division ordering the release of Reyes from detention and dismissal of the murder charge against him before the Puerto Princesa regional trial court (RTC).

“The CA decision stinks. As to where the stench came from, we will investigate it,” he stressed. 

“As the people’s tribune, I cannot sustain the (CA) as they are clearly in the wrong. We are ready and raring to take this case all the way to the Supreme Court. There will be no miscarriage of justice under my watch,” Calida vowed.

He argued that the CA erred in reversing the judicial determination of probable cause against Reyes by the RTC by finding that there is no evidence to prove his involvement in the killing of Ortega.

“The presence or absence of the elements of the crime is evidentiary in nature and is a matter of defense that may be passed upon after a full-blown trial on the merits,” he stressed.

Calida pointed out that a trial could yield more evidence favorable to either side after interrogation of the witnesses either on direct examination or on cross-examination. 

“The issues on credibility of a witness and admissibility of evidence are matters to be scrutinized in great detail during a trial proper. An exhaustive debate on the credibility of a witness is not within the province of the determination of probable cause,” he added.

Reyes was ordered released by the CA in a decision issued last Jan. 4, which held that there was no basis for the Puerto Princesa RTC to indict him for Ortega’s death.

The CA’s former 11th Division cited the lack of evidence presented to try Reyes for Ortega’s killing and ordered the Palawan RTC to dismiss the cases against Reyes and release him immediately from detention.

The court granted Reyes’ petition, saying the evidence presented by prosecutors was “not competent” to establish reasonable grounds that he participated in the killing of Ortega.

The five justices of the CA division voted 3-2 to acquit Reyes. 

The decision was penned by Associate Justice Normandie Pizarro, who also wrote the decision acquitting alleged pork barrel mastermind Janet Lim-Napoles in her serious illegal detention case and the CA decision that junked the compensation claim of about 10,000 human rights violation-victims from the Marcos estate, with Associate Justices Danton Buesser and Victoria Isabel Paredes concurring.

The two magistrates who dissented – Associate Justices Maria Filemona Singh and Marie Christine Jacob – held that the determination of probable cause in issuing the arrest warrant rests on the trial judge handling the case.

For her part, Sen. Leila de Lima said yesterday that the public has grown tired and disgusted by the “miracles” granted to the powerful, influential and well-connected who have committed crimes against the nation.

Reacting to the CA’s ruling in favor of Reyes, De Lima said the public “that is already disgusted with the plethora of acquittals and pre-trial exonerations performed by the judiciary (sees this as) judicial impunity at its worst in the history of the country.”

De Lima took a swipe at Pizarro, who described as a miracle the exoneration of Reyes in the resolution that he penned, saying that Pizarro “must be living in a ‘bizarro’ world when he fancies himself like Jesus Christ performing a miracle to give the accused Reyes a second chance in life.” 

In a handwritten note released by her staff yesterday, De Lima said the judiciary has been performing several “miracles” in the past couple of years, exonerating the powerful, influential and well-connected, either even before trial or after conviction by the trial court.

She cited the bails granted to former Senate president Juan Ponce Enrile and Jinggoy Estrada, who were both charged with plunder, and “the complete exoneration of Gloria Arroyo,” even before any trial on her plunder case was conducted by the Sandiganbayan. 

De Lima also noted the reversal by the CA of Napoles’ conviction for serious illegal detention or kidnapping, upon the instance of the solicitor general himself.

“Several other ‘miracles’ continued to be performed on high-profile cases, most prominent among them being the virtual historic exoneration of the dictator Marcos for all crimes committed against the Filipino people, when the Supreme Court allowed his burial at the Libingan ng mga Bayani, despite the Court’s own past decisions that adjudged Marcos to have acquired ill-gotten wealth throughout his reign as dictator,” De Lima said.

“With the concerted congressional and executive attack on the Chief Justice who is trying to put things in order in the judiciary, fighting insidious moves to weaken said institutions and her eventual replacement with a minion of Malacañang, we can all expect these judicial ‘miracles’ of impunity to become the new normal, in line with the unprecedented impunity promoted and perpetrated by the strongman and dictator-in-waiting Duterte,” she added. – Marvin Sy