USING DE LIMA LOOPHOLE NO REASON TO THROW OUT ORTEGA MURDER CASE ALAB ng Mamamahayag (ALAM) leaders is blaming Justice Secretary Leila De Lima for the loophole in the investigation case of murder against broadcaster Gerry "Doc Gerry" Ortega, but the same is not sufficient to justify the Court of Appeals in throwing to the trash can the finding of probable cause that former Palawan ex-governor Joel T. Reyes and company are likely guilty thereof and that they must be tried. "The most basic issue in the criminal indictment in court when probable cause is already determined is whether the office that filed the information has the authority to file in court a criminal information sheet. It does not matter how the authority came out with the finding of probable cause. The remedy for any defect in the procedure that led to the determination of probable cause is to ask the court for a reinvestigation and not to ask the court to completely reject the indictment," said Berteni "Toto" Cataluña Causing, president and chief legal counsel of ALAM. Causing opined that it was improper and unwarranted for the CA to throw out the determination of probable cause by the Department of Justice (DOJ). The CA reasoned out that the first investigating panel was still existing when De Lima created the second panel to handle what she termed as "re-investigation." "The CA decision is faulty, with due respect to the CA and Justice Leoncia Real-Dimagiba, the ponente of the CA decision that affirmed the finding of the first panel that dismissed the case against Reyes and his brother Mario Reyes, the mayor of Coron, Palawan at the time Ortega was killed while shopping at a used-clothing store in Puerto Princesa," said Causing, who has been charged with disbarment and libel by Janet Lim-Napoles for being the blogging about the lavish lifestyle of her daughter Jeane. READ MORE AT THIS LINK: totocausing.blogspot/2013/10/using-de-lima-loophole-no-reason-to.html
Posted on: Tue, 01 Oct 2013 09:06:23 +0000
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