Ex-Palawan gov moves vs DOJ reinvestigation of Ortega slay

The lawyers for former Palawan Governor Joel Reyes on Thursday asked a Department of Justice panel to stall its reinvestigation into the killing of broadcaster Gerry Ortega as an exercise of judicial courtesy to the Court of Appeals. Reyes' counsel, Demetrio Custodio, said the DOJ panel led by Senior Assistant State Prosecutor Stewart Mariano should wait for the CA to decide whether it is legal for the DOJ to conduct a reinvestigation on the case. "The Court of Appeals has yet to resolve whether or not this committee has jurisdiction. If the Court of Appeals will eventually say there is no authority on the part of the committee, then all that have happened until then would be proven useless," Custodio told reporters after a hearing on the murder complaint against his client and several others. A different DOJ panel had previously cleared Reyes and five others of murder. However, Justice Secretary Leila de Lima, through Department Order No. 710, formed another panel to conduct a reinvestigation. This prompted Reyes' camp to question the legality of De Lima's move before the CA. "We're saying there is no reason for the DOJ, through Secretary De Lima, to have issued Department Order. There was no motion for reinvestigation, no motion for reconsideration, and therefore it was a complete abuse of her discretion to issue Department Order 710," said Custodio. The lawyer for Ortega's wife, however, said the DOJ panel should not agree to defer its proceedings merely because of judicial courtesy. "It's very basic that in the absence of any TRO [the DOJ panel can proceed]. As of now, the Court of Appeals has not issued any TRO (temporary restraining order). We are praying that the CA will stand firm and allow the panel to determine the truth behind this case," said lawyer Alex Avisado. Addressing the questions on whether De Lima can order a reinvestigation into the murder case, Avisado said the Justice secretary has the prerogative to set aside the findings of the panel that earlier cleared Reyes and five others. "The Secretary of Justice has plenary powers to set aside any resolution of the members of the DOJ. So there is nothing wrong with that. What Secretary De Lima did was right. We thank her for giving us the opportunity to have a reinvestigation of the case," said Avisado. Ortega was killed in January 2011 in Puerto Princesa City, Palawan. Last June, a DOJ panel headed by Senior Assistant State Prosecutor Edwin Dayog junked the murder charges against Reyes and the other respondents, namely former Marinduque Gov. Jose Carreon; former Palawan provincial administrator Romeo Serratubias; Coron, Palawan Mayor Marjo Reyes; and Arturo Regalado and Percival Lecias. The DOJ panel, however, recommended the filing of murder charges against Rodolfo "Bumar" Edrad Jr., a former close-in security aide of Carreon; and other suspects Armando Noel, Dennis Aranas, and Arwin Arandia. Ortega's wife, Patria Gloria, filed a motion for reconsideration but this was dismissed by the panel led by Dayog. Despite this, De Lima constituted a new panel of prosecutors and ordered a reinvestigation. - KBK, GMA News