DOJ MOVES AGAINST MASTERMINDS ON ESPERAT KILLING
17 October 2007
Acting Justice Secretary Agnes VST Devanadera has ordered the reopening of the investigation against the alleged brains excluded from the killing of hard-hitting lady journalist Marlene Esperat . The move is conformably with the President's directive to uphold the rule of law and so with the Department's newly launched “ Bantay Katarungan” program.
“Based on testimonial and documentary evidence adduced during the trial of the triggermen in the Esperat killing and since double jeopardy has not set in for those who were not arraigned, I have ordered for the reopening of the murder case,” the acting justice secretary said .
“If evidence warrants, let charges be refiled in court to ensure that all persons responsible for the heinous crime be brought before the bar of justice,” she stressed.
“Initially, I have designated SSP Geronimo Sy to undertake the preliminary investigation. He reported that he has already issued subpoena to two agriculture officials from Central Mindanao to appear before us on Nov. 6, and 8, 2007 for the preliminary investigation of the case for murder . There will be no postponement except for valid or meritorious grounds,” Devanadera also added.
The Acting justice secretary, a month after her designation, directed CSP Jovencito Zuño to evaluate the reported exclusion from the murder charges of the alleged masterminds Osmena Montaner and Estrella Sabay, finance officer and accountant, respectively, from Region 12 of the Department of Agriculture. Marlene Esperat, radio broadcaster, journalist and former employee of the DA was gunned down in the evening of March 24, 2005 while having dinner with her family, Previously, she exposed numerous cases of graft and corrupt practices by public officials involving misappropriation of public funds. Among those she accused and even pursued before the Ombudsman were Montaner and Sabay.
The two DA officers and four others were charged but only three were convicted and meted with life imprisonment, namely, Randy Garcia, Gerry Cabayag and Estanislao Bismanos. They confessed to have conspired and admitted being hired for Php 120,000 to kill Esperat. An Army Sgt. implicated in the killing who volunteered to turn as state witness was spared from indictment. The timely response by the DOJ's Witness Protection Program under SSP Leo Dacera in protecting witnesses contributed to the successful conviction of the three perpetrators.
The Esperat killing is one of the few media murder cases where there is direct evidence against the alleged masterminds. Due to intense threat to witnesses and request by the Freedom Fund for Journalist the case was ordered transferred by the SC from Sultan Kudarat to Cebu City where RTC Judge Eric Menchavez handed down sentence for reclusion perpetua. Tacurong City RTC Judge Francis Palmones, Jr. who initially handled the case, is now the subject of five complaints filed by a media group for dismissing the case against the two officers without hearing on the ground that there was no probable cause. Though he issued a warrant of arrest against them, the same were never implemented. Without hearing and while the accused masterminds were at large, he issued an order granting a motion to recall the warrant based on ex-parte reinvestigation without leave of court and without notice to the prosecution.
A week ago Acting Justice Secretary has ordered speedy resolution, within the 60 days, by all prosecutors of human rights abuses and extra-judicial killings involving uniformed men. Covered by the program Bantay Katarungan of the Department, team of lawyers and investigators from the NBI and PAO were set to coordinate with the PNP's Task Force Usig to come up with a common working definition of the cases involved and at the same time to give various assistance such as legal aid, DNA and forensic analysis, SOCO, and expert interviewers to conduct investigation of human rights and extra-judicial killings.
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