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OSG asks SC to carry TRO, desires ex-Palawan guv rearrested for Ortega slay


OSG wants Reyes rearrested

Former Palawan Governor Mario Joel Reyes (File picture from Philippine Each day Inquirer)

MANILA, Philippines — The Workplace of the Solicitor Basic (OSG) is asking the Supreme Court docket (SC) to have former Palawan governor Mario Joel Reyes rearrested by lifting the March 23, 2022 non permanent restraining order (TRO) on the Puerto Princesa Metropolis regional trial court docket (RTC) which stopped it from implementing Reyes’ warrant of arrest.

Reyes, alongside along with his brother and eight different suspects, have been charged with the homicide of one in every of his staunch critics in Palawan, broadcaster Dr. Gerry Ortega, who was gunned down in a thrift store close to his veterinary clinic on this metropolis on Jan. 24, 2011. Reyes can also be working for governor of Palawan within the upcoming elections.

In a movement contained in its 64-page remark, the OSG reiterated that the Puerto Princesa RTC’s warrant of arrest towards Reyes is “supported by authorized and jurisprudential foundation reasonably than arbitrary and unfounded conclusions.”

“And there may be now a discovering of sturdy proof of petitioner’s guilt, there isn’t any invasion — a lot much less a cloth and substantial invasion — of petitioner’s proper ought to he be ordered re-arrested and will the proceedings in Felony Case No. 26839 (Reyes’ prison case) proceed,” the OSG added.

“For these causes, together with the related arguments raised earlier within the Remark, respondent Individuals most respectfully strikes for the lifting of the TRO issued by this Honorable Court docket,” the OSG additional stated.

This remark was made after Reyes acquired a brief restraining order (TRO) from the Supreme Court docket on March 23 towards a warrant of arrest issued by a Palawan court docket in July 2021 in reference to Ortega’s homicide.

Nevertheless, the OSG said that Reyes was not entitled to a TRO or a writ of preliminary injunction as a result of his constitutional rights weren’t violated through the trial court docket and CA proceedings.

“A TRO or a writ of preliminary injunction could also be issued upon the concurrence of the next important requisites, to wit: invasion of the best sought to be protected is materials and substantial; the best of the complainant is obvious and unmistakable; and there may be an pressing and paramount necessity for the writ to stop critical injury,” the OSG stated.

“As an accused charged earlier than the trial court docket, there isn’t any dispute that petitioner has the constitutional proper to due course of. Nevertheless, petitioner’s proper to due course of has not been violated nor will or not it’s violated by his re-arrest and by the continued prosecution of Felony Case No. 26839,” it identified.

The OSG additional said that the RTC had “clear foundation” for the warrant of arrest towards Reyes, including it “has, in flip, been affirmed by the Court docket of Appeals in its choice dated July 9, 2021.”

“With due respect to this Honorable Court docket, these constant findings by the RTC and the Court docket of Appeals outdated and mooted the problem of possible trigger,” it added.

Ortega was killed by a lone assailant. The arrested gunman, Marlon Recamata, was sentenced to life in jail.

Recamata admitted that he was employed to kill Ortega by Rodolfo Edrad Jr., a former close-in safety of Reyes.

The gun recovered from Recamata was additionally registered to a sure Romeo Seratubias who served as provincial administrator when Reyes was then governor of Palawan.

RELATED STORY:

9 years after doctor-radioman Gerry Ortega’s homicide, NUJP nonetheless pushing for justice

/MUF

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