Philippines: Judge grants 60-day TRO for trial of ‘masterminds’ in Esperat killing

The Cebu City Court of Appeals issued a 60-day temporary restraining order (TRO) on 25 March 2008 in the trial of the suspected masterminds in the killing of a journalist. Cebu is a province approximately 562 km south of Manila.

A three-page resolution penned by Associate Jusitce Francisco Acosta and co-signed by Associate Justices Pampio Abarintos and Amy Lazario-Javier granted the 4 February 2008 petition filed by Osmeña Montañer and Estrella Sabay, accused of ordering the 24 March 2005 killing of journalist Marlene Esperat, asking for the issuance of a TRO to prevent Cebu Regional Trial Court (RTC) Branch 7 Judge Simeon Dumdum from hearing the case.

The Cebu Court of Appeals has yet to issue a resolution on the petition for certiorari also filed by Sabay and Montañer on 4 February 2008. A certiorari is a writ which could be issued by a superior court to a lower court to annul or modify ongoing proceedings if the latter judge acted on a case outside his jurisdiction.

Sabay and Montañer argued that Dumdum has no jurisdiction over the case since the 23 November 2005 Supreme Court resolution approving the transfer of the case from Tacurong City, Sultan Kudarat to Cebu City, Cebu only applied to then accused Estanislao Bismanos, Rowie Barua, Gerry Cabayag and Randy Grecia.

Cebu City Regional Trial Court Judge Eric Menchavez had earlier sentenced Bismanos, Cabayag and Grecia—the gunman, lookout, and co-conspirator—to life imprisonment on 6 October 2006. Barua, who turned state witness, was discharged.

The Freedom Fund for Filipino Journalists (FFFJ), a coalition of six media organizations working to promote and protect press freedom, petitioned the Supreme Court on 4 July 2005 for the transfer of the Bismanos et.al. case to Cebu. The Center for Media Freedom and Responsibility is a founding member of FFFJ and serves as its secretariat.

FFFJ asked for the transfer in response to the safety concerns of the witnesses and the need for a more neutral court and environment, the accused being allegedly influential in Tacurong.

Esperat, who had written exposés accusing Montañer and Sabay of corrupt practices, was gunned down in full view of her children while the family was having dinner in their Tacurong City, Sultan Kudarat residence. Sultan Kudarat is a province approximately 975 km south of Manila.

Sabay and Montañer were not included in the Supreme Court resolution granting the transfer of venue because Tacurong City Judge Francis Palmones, then presiding judge of the case, had dismissed the case against Sabay and Montañer. Palmones dismissed the case against the two alleged masterminds even before the prosecution had presented evidence.