Case vs Esperat slay accused upheld

MANILA, Philippines - The Court of Appeals has upheld the murder case filed against the two alleged masterminds in the 2004 killing of journalist Marlene Esperat.

In a 26-page decision, the appellate court’s 21st division denied the petition of Osmena Montaner and Estrella Sabay, seeking the dismissal of the case filed against them before Tacurong City’s Regional Trial Court Branch 20.

“(The)claim of grave abuse (on the part of the presiding judge of the Tacurong RTC Branch 20) in the issuance of a warrant of arrest must be shot down,” according to the decision.

“[It] clearly shows that the respondent judge made his personal determination of the existence of probable cause by examining not only the prosecutor’s report but also his supporting evidence,” it said.

Esperat is an investigative journalist in Sultan Kudarat who was murdered inside her home on March 24, 2005. She exposed the P728-million fertilizer fund scam, wherein no less than former President and now Pampanga Rep. Gloria Arroyo was implicated.

Sabay and Montaner were named masterminds by Rowie Barua, one of those formerly accused for the murder of Esperat, who turned state witness.

But the case against Sabay and Montenar was withdrawn from the RTC in 2005 for lack of sufficient evidence.

In 2009, Esperat’s sister refiled the case after three other assailants – Estanislao Bismanos, Gerry Baguin Cabayag, and Randy Grecia – were found guilty.

After conducting a preliminary investigation, the Department of Justice found probable cause to charge Sabay and Montaner again in court.

The two, however, insisted that they cannot be charged over the same issue where they were previously cleared.

However, the CA said Sabay and Montaner were never cleared of the allegations. The appellate court said the charge against the two suspects were simply withdrawn, which means it can still be refiled upon reinvestigation.