Journalist still in jail despite acquittal

MANILA, Philippines — Journalist Lady Ann Salem and labor union organizer Rodrigo Esparago remain incarcerated a week after the Mandaluyong City regional trial court (RTC) dismissed the charges of illegal possession of firearms and explosives against them.

Salem, editor of online news portal Manila Today, and Esparago were still detained at the Mandaluyong City Jail as of yesterday.

The court has yet to issue a release order as prosecutors on Wednesday filed an opposition to the urgent motion for release filed by the defense lawyers.

Lawyers from the Public Interest Law Center (PILC) filed a 10-page reply on Thursday, stressing that an acquittal by the court is immediately final and executory on the ground of double jeopardy.

Double jeopardy is a procedural defense that prevents an accused person from being tried for the same charges after an acquittal.

“An appeal by the prosecution in a criminal case is not available if the defendant would hereby be placed in double jeopardy,” the PILC said in its reply.

The PILC said Salem and Esparago have been “needlessly aggrieved and molested” by the unproved charges against them and appealed to the court for their immediate release.

Lawyer Rachel Pastores of the PILC, one of the lawyers representing Salem and Esparago, said they are still waiting for the court’s ruling.

Mandaluyong RTC Branch 209 Judge Monique Quisumbing-Ignacio dismissed the charges against Salem and Esparago on the grounds the search warrants issued by Quezon City RTC Judge Cecily Burgos-Villavert are null and void.

Ignacio also scored agents of the Criminal Investigation and Detection Group for committing an “unlawful” act by staging a “fishing expedition” when they raided Salem’s residence last December.