For "Disobeying" CA Injunction: Judge, two prosecutors face contempt case

CEBU – Regional Trial Court Branch-7 Judge Simeon Dumdum and two government prosecutors are facing an indirect contempt charge before the Court of Appeals for allegedly acting on a case despite a preliminary injunction from the appellate court.

This after the alleged masterminds in the murder of Tacurong City journalist Marlene Esperat filed a petition for indirect contempt against Dumdum and state prosecutors Theodore Villanueva and Hazel Decena-Valdez before the CA claiming that the three acted on their case despite the CA’s preliminary injunction.

Osmeña Montañer and Estrella Sabay asked the CA to issue a show cause order against Dumdum, Villanueva and Valdez why they should not be held for contempt for allegedly disobeying the writ of preliminary injunction it issued on May 20.

The case stemmed from Dumdum’s September 28 order granting the manifestation and ex-parte motion filed by Villanueva and Valdez that seeks for the withdrawal of the information of the murder case against Montañer and Sabay.

The prosecutors wanted to withdraw the information of the case against Montañer and Sabay in Cebu City to give way to the filing of a new one in Mindanao, which has original jurisdiction over the case.

The prosecutors’ move to withdraw the case against the suspects was triggered by the Supreme Court ruling denying their request to extend an earlier resolution of the high tribunal allowing the transfer of the venue of the trial of the case from Mindanao to Cebu City.

According to the Supreme Court, while it involves the same victim, the case was filed in separate information and different accused.

This was also Montañer and Sabay’s argument in questioning Dumdum’s jurisdiction over the case. The two accused first moved for the dismissal of the information of the case against them.

However, Dumdum denied their motion, prompting them to elevate the issue to the appellate court.

Montañer and Sabay was granted a temporary restraining order and eventually a writ of preliminary injunction on March 25 and May 20, respectively.

Dumdum was also enjoined to further act on the case until the pending petition for certiorari is being disposed of by the appellate court.

But despite the injunction, Dumdum allegedly tinkered on the case by granting the prosecution’s manifestation and ex-parte motion to withdraw the information of the case.

Montañer and Sabay claimed that such action from Dumdum constituted an indirect contempt of court.

The petitioners asked the CA to order Dumdum to recall his order and to enjoin the state prosecutors from filing another information of the case before any other court, or to withdraw the information should they already filed one.

Montañer and Sabay, former officials of the Department of Agriculture in Region 12, were tagged as the masterminds in the murder of Esperat in Tacurong City, Sultan Kudarat on March 24, 2005.

They were the subject of Esperat’s expose in her newspaper column before she was murdered in front of her two children.

Three other accused were earlier found guilty of murder and were sentenced to reclusion perpetua by RTC Judge Eric Menchavez. They were Gerry Cabagay, Randy Grecia and Estanislao Bismanos. – Fred P. Languido/LPM (THE FREEMAN)