An appeals court has issued a 60-day temporary restraining order on the trial of the suspected masterminds of the killing of a journalist. Osmeña Montañer and Estrella Sabay, accused of ordering the March 24, 2005 killing of journalist Marlene Garcia-Esperat, filed a petition on February 4 2008 for a temporary restraining order to prevent Cebu Regional Trial Court Judge Simeon Dumdum from hearing the case.
Montañer and Sabay argued that Dumdum had no jurisdiction over the case since the November 23, 2005 Supreme Court resolution approving the transfer of the case from Tacurong City, Sultan Kudarat to Cebu City, Cebu only applied to then accused Estanislao Bismanos, Rowie Barua, Gerry Cabayag and Randy Grecia, who were all found guilty and sentenced to life imprisonment except for Barua, who was discharged after he turned state witness, according to Manila-based Center for Media Freedom and Responsibility (CMFR).
The case was transferred following a successful petition by the Freedom Fund for Filipino Journalists (FFFJ), a coalition of six media organisations working to promote and protect press freedom. FFFJ, of which CMFR is a founding member and serves as secretariat, asked for the transfer in response to the safety concerns of witnesses and the need for a more neutral court and environment, the accused being allegedly influential in Tacurong.
Esperat, who had written exposés accusing Montañer and Sabay of corrupt practices, was gunned down in full view of her children while the family was having dinner in their Tacurong City residence.
Montañer and Sabay were not included in the Supreme Court resolution granting the transfer of venue because Tacurong City Judge Francis Palmones, then presiding judge of the case, had dismissed the case against Sabay and Montañer. Palmones dismissed the case against the two alleged masterminds even before the prosecution had presented evidence.
The Cebu City Court of Appeals has yet to issue a resolution on the petition for certiorari, also filed by Montañer and Sabay on February 4. A certiorari is a writ which could be issued by a superior court to a lower court to annul or modify ongoing proceedings if the latter judge acted on a case outside his jurisdiction.
