DOJ reopens case on Sultan Kudarat journalist’s slay

Acting Justice Secretary Agnes Devanadera has ordered the reopening of the case on the 2005 killing of Sultan Kudarat journalist Marlene Esperat to include the two alleged masterminds in the re-investigation.

“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 the reopening of the murder case,” she said.

Devanadera said she has assigned senior state prosecutor Geronimo Sy to conduct the preliminary investigation and issue subpoenas to alleged masterminds Osmena Montaner and Estrella Sabay, finance officer and accountant, respectively, of the Department of Agriculture (DA) in Central Mindanao.

Esperat, a columnist for the Midland Review and a former DA employee, was gunned down on the night of March 24, 2005 while having dinner with her family in her home in Tacurong, Sultan Kudarat.

Prior to her death, she had exposed the alleged misappropriation of public funds by public officials, including Montaner and Sabay.

According to the DOJ, Montaner, Sabay and four others were charged but only the triggermen – Randy Grecia, Gerry Cabayag and former Army Sgt. Estanislao Bismanos – were convicted and sentenced to 40 years in prison.

The triggermen, according to the DOJ, admitted being hired to kill Esperat in exchange for P120,000.

Devanadera said Montaner and Sabay were sub­poenaed to appear before the DOJ for the preliminary investigation scheduled on Nov. 6 and 8.

“There will be no postponement, except for valid or meritorious grounds,” she 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.”

Last Sept. 17, Esperat’s sister asked the DOJ to reopen the murder case and reinstate the two alleged masterminds.

In a 37-page letter-complaint, Esperat’s sister, Valmi Garcia-Mariveles, asked Devanadera to order another preliminary investigation on Montaner and Sabay.

Montaner and Sabay were dropped as respondents by the Cebu City regional trial court for supposed lack of evidence linking them to the three convicts in Esperat’s murder.

The Supreme Court transferred the case from Sultan Kudarat to Cebu City due to threats to the witnesses and upon the request of the Freedom Fund for Journalists.

Another accused-turned-state witness, Rowie Barua, a former military intelligence officer who coordinated the killing, was later acquitted.