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

Private prosecutor Nena Santos said that the Montañer and Sabay petition for certiorari and TRO is “another scheme to get away with murder through technicalities.”

“I’m discouraged and saddened (by the issuance of the TRO), but I’m not giving up,” Santos said.

Santos filed a letter to the Supreme Court on 24 March 2008 asking for a “declaratory resolution” on the case’s change of venue. In her letter, Santos asked for the Supreme Court to state “that only the Supreme Court has sole authority to act on matters affecting the change of venue of trial in criminal cases and that (the 23 November 2005 Supreme Court resolution ordering the transfer of venue) clearly subsumes and encompasses the trial” of Sabay and Montañer.

Santos also asked for the Supreme Court to require the accused to explain why they should not be cited for contempt since the issue of transfer of venue has already been resolved by the Supreme Court, to direct the Cebu Court of Appeals to dismiss Sabay and Montañer’s petition for certiorari, and to direct the Cebu RTC branch 7 to proceed with the case.

“Considering the absurdity of the position the accused have now taken, i.e., that the case should be returned to Tacurong City, or refiled in Cotabato City, we feel that it behooves the Supreme Court as a court of law and equity to use its plenary power to assist the People of the Philippines, private complainants and the media group in obtaining a speedy, just and inexpensive determination of this only media murder case where the masterminds have long been identified, investigated, re-investigated, charged and re-charged but never arrested and brought to trial,” Santos said in her letter.

“The authority of the Court and respect for fair trial are put to the greatest test when influential high government officials are the accused. Even when they are tried they have resources and connections to reduce the trial to a farce. In the case of Marlene Esperat accused mastermind’s abuse of the judicial process makes a mockery of our laws and the concept of fair trial. Their unwarranted reliance on technicality, which amazingly has been aided by some judges have openly embarrassed the administration of justice with impunity,” Santos added.

Dumdum issued arrest warrants for Sabay and Montañer on 4 February 2008, but the two were never arrested. (CMFR)