(Eagle News) — After being cleared by the Court of Appeals of any involvement in the killing of Gerry Ortega and being released from detention, state prosecutors moved for former Palawan Governor Joel Reyes to be re-arrested and detained, this time in connection with a graft case.
In a three-page omnibus motion, the Ombudsman asked the Sandiganbayan to reconsider its decision to grant bail to Reyes while his appeal over his conviction for violation of the Anti-Graft and Corrupt Practices Act was still pending.
The case stems from what the Ombudsman said was Reyes’ renewal of the small-scale mining permit of Olympic Mines and Development Corp., even if the company violated small-scale mining laws and had already gone beyond the annual maximum extraction limit of 50,000 dry metric tons of ore.
After being found guilty in August last year, the Sandiganbayan sentenced Reyes to six to eight years in prison, but he was allowed to post a P60,000 bail pending his appeal.
According to the Ombudsman, the “cancellation” of the bail of Reyes, who is facing separate charges in connection with the Malampaya and fertilizer fund scams, and his “immediate commitment to prison are warranted” given his “previous record.”
The anti-graft prosecutors noted that “accused Reyes was a fugitive,” emphasizing that the former governor fled the country with his brother, former Coron Mayor Mario Reyes, after they were indicted for Ortega’s killing in 2012.
“Had it not been for the intervention of Thai authorities, accused Reyes would not have been deported to face the criminal charges against him,” the prosecution argued.
But in a statement, Reyes’ lawyer said “it would be absurd to even think” that this client would be a flight risk “considering that he has just scored a very significant legal victory at the Court of Appeals.”
“Why would he mitigate the value of this victory by fleeing?” Custodio said.
Reyes was freed from detention after the CA ruled that the Puerto Princesa Regional Trial Court had no basis to hold him for trial over Ortega’s murder.
The CA also nullified the finding of probable cause and the local court’s issuance of an arrest warrant against him.