Finally, justice for Marlene Esperat but…
Posted by: Alecks P. Pabico | October 6, 2006 at 4:12 pm
Filed under: In the News, Journalist Killings, Media
THREE of the accused in the brutal killing of whistleblower-turned-journalist Marlene Esperat have been found guilty and meted the penalty of reclusion perpetua. But the identified masterminds, high-ranking officials of the Department of Agriculture (DA) in Region XII, have not yet been brought to justice.
Judge Eric Menchavez of the Cebu City RTC Branch 21 rendered the guilty verdict on Esperat’s killers — ex-Sgt. Estanislao Bismanos, alias Jun, Gerry Cabayag, the confessed triggerman, and Randy Grecia, alias Jeck — for the crime of murder qualified by treachery. The court also ordered the three to indemnify Esperat’s heirs in the sum of P75,000 for civil indemnity, another P75,000 for moral damages, P25,000 for exemplary damages, and attorney’s fees.
Another accused turned state witness, Rowie Barua, an ex-military intelligence officer who acted as coordinator, was acquitted. (Download Menchavez’s decision.)
However, the verdict on the two alleged masterminds, DA Region XII finance officer Osmeña Montañer and accountant Estrella Sabay, has been deferred pending the Court of Appeals ruling on their certiorari petition.
Testifying in court on July 4, 2005, Barua pointed to Montañer and Sabay as the masterminds in Esperat’s murder. Barua told the court, in detail, how he was asked by Montañer and Sabay to plan and undertake the killing of Esperat — a period of more than two months from the planning stages in early 2005, to the point of hiring Bismanos and company to “silence” the journalist, up to the time of payment for the hatchet job.
Esperat, a columnist for the Sultan Kudarat paper The Midland Review, wrote exposés and filed cases with the Office of the Ombudsman in connection with the corruption inside the Department of Agriculture which not only involves the two suspected slay masterminds but also several high-ranking national officials, particularly with regard to the so-called multi-million peso fertilizer scam.
Barua’s direct examination also refuted the defense’s argument that he and Sabay were mere acquaintances.
On the strength of Barua’s testimony, the prosecution had wanted Montañer and Sabay included as additional accused in an amended murder complaint filed on April 15, 2005 after initially Menchavez rejected its motion to reconsider the dismissed murder charges against the two.
Led by Cotabato City prosecutor Tocod Ronda, a known ally of Montañer, the prosecution panel formed by the Department of Justice (DOJ) endorsed the dismissal of charges against the two officials on June 29, 2005. A month later, DOJ reorganized the panel, now excluding Ronda, and eventually re-filed the murder charges. Ronda was later sacked from his post.
Last August 31, the judge originally handling the case, Francis Palmones of the Tacurong City RTC, dismissed the murder charges against Montañer and Sabay despite the strong testimony of Barua and the support of the DOJ.
The Cebu City RTC decision came after one and a half years since Esperat was murdered on March 24, 2005 in front of her children by a lone gunman (Cabayag) who casually walked into the living room of her home in Tacurong City and fired a single bullet at her.
While more than happy that the nine-month trial had concluded with a sentence of life imprisonment for Esperat’s hit men, the Freedom Fund for Filipino Journalists, Inc. (FFFJ) said today’s conviction is “an incomplete victory for press freedom…until the identified masterminds, Department of Agriculture Region XII finance officer Osmeña Montañer and accountant Estrella Sabay, are likewise tried for murder.”
The regional media watchdog, Southeast Asian Press Alliance (SEAPA), also echoed FFFJ’s position. “The case is encouraging and provides an important victory, but it is not closed,” Roby Alampay, SEAPA executive director stressed that “until masterminds behind the killings of journalists are brought to justice, the climate of impunity will continue to threaten the Philippine media.”
In a statement, the FFFJ also claimed the victory is incomplete, pointing to the Esperat case as “only the second successful conviction among the 28 cases of journalists slain in the line of duty under the Arroyo administration.”
Previously, the only successful prosecution had been the murder of Edgar Damalerio which led to the conviction of former police officer Guillermo Wapile in November 2005 who was meted the penalty of life imprisonment.
Rachel Khan, FFFJ coordinator, likewise deplored that despite the constitutionally protected freedom of the press, the recent spate of journalists’ killings has unfortunately earned the country the reputation of being “the most dangerous place for journalists,” in international media circles.
“The pursuit of justice in the case of Marlene Esperat would not have been possible without the support of concerned citizens and media organizations, both local and international. FFFJ hopes that today’s victory will set the ball rolling for other cases of slain journalists even as it signals media’s determination to pursue the cases until both assassins and masterminds are behind bars,” she said.
Pending in Manila courts are the murder cases of publisher-editor Philip Agustin and radio journalist Roger Mariano. Meanwhile, some 23 cases have yet to be filed even as police have failed to come up with the necessary evidence for the prosecution.
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The accused should have been sentenced to death. I hope the courts will hand a guilty verdict to the masterminds as well. But who knows, maybe this will end up as a “there was murder, but no masterminds” type of deal.
Oh well, since the death penalty is illegal, I pray to God that these three idiots are killed in prison.
Now that the Geese are cooked, let go and get Papa Goose or Geese and cook them good as well.
A half cooked justice for Marlene Esperat and her family since the masterminds are still free. Not until Sabay and Montañer be charged for their involvement in the murder of Esperat, justice is not fully rendered. Judge Palmores decision to dismiss charges against Montañer and Sabay only shows that he has no sound judgement!
[...] Estanislao Bismanos, along with Randy Grecia (co-conspirator) and Gerry Cabayag (lookout) were convicted and sentenced to life imprisonment by Cebu City RTC Judge Eric Menchavez on October 6, [...]
[...] his July 4, 2005 testimony before Judge Eric Menchavez of the Cebu City RTC Branch 21, Barua, an ex-military intelligence [...]