(Eagle News) — Solicitor General Jose Calida has asked the Court of Appeals to reconsider its decision that paved the way for former Palawan Gov. Joel Reyes to leave detention.
In a motion for reconsideration filed on Monday, Calida said the “(Former Special 11th Division) clearly disregarded jurisprudential parameters in the determination of the existence of probable cause” for the arrest warrant issued against the former governor in connection with the charges he faces for the death of environmentalist Gerry Ortega in 2011.
Instead, Calida said the CA “considered all evidentiary matters and resorted to calibrations of the rules of evidence” in ruling that the Puerto Princesa City Regional Trial Court Branch 52 gravely abused its discretion in finding probable cause.
“In finding no probable cause to arrest Reyes, the unfortunately conducted a fragmented analysis of the evidence before it, isolating each piece of evidence and concluding that it alone does not prove probable cause,” Calida said.
In addition, he said “Reyes’ flight from the country (was) a strong indication of his guilt that should have been taken into consideration by the CA.”
Reyes, who fled the country following the filing of murder charges against him, did not surrender and was only arrested by Thai authorities for his alleged violation of their immigration laws.
“No doubt, the CA Decision has eroded the faith and trust the People of the Philippines reposed in it to render a decision in this Petition that is just and fair,” he said.
Voting 3 to 2, the CA special division said there was no evidence against Reyes , noting that the testimony of Rodolfo Edrad Jr. alias Bumar, his former bodyguard, was riddled with inconsistencies.
Reyes has since been released from jail.
