A court of appeals in the Philippines has issued prohibited the a regional trial court from proceeding with the case against the suspected masterminds in the 2005 murder of journalist Marlene Esperat, according to the Centre for Media Freedom and Responsibility (CMFR). Cebu is a province approximately 562 km south of Manila.
In a five-page resolution penned by Associate Justice Francisco Acosta and co-signed by Associate Justices Amy Lazaro-Javier and Florito Macalino, the Cebu Court of Appeals granted the May 7 petition for a writ of preliminary injunction filed by Osmeña Montañer and Estrella Sabay, both accused of ordering the killing of Esperat, preventing Cebu City RTC Branch 7 Judge Simeon Dumdum Jr from hearing the case for an indefinite period. It also stopped the February 4, 2008 warrants of arrest against Montañer and Sabay from being served.
Esperat, known as "Madame Witness," was killed on March 24, 2005 in full view of her children. She had exposed numerous cases of graft and corruption in the Department of Agriculture Region 12 office, where Montañer and Sabay serve as finance officer and regional accountant, respectively.
Based on the arguments during the March 24, 2008 hearing on the petition for certiorari and the April 3, 2008 manifestation of the Office of the Solicitor General (OSG), which sided with the accused, the Cebu Court of Appeals was "convinced that justice would be better served if the status quo is preserved until the final determination of the merits of the case." The OSG serves as the law office of the Philippine government.
The Cebu Court of Appeals granted, last March 25, the request for a 60-day temporary restraining order (TRO) by Montañer and Sabay.
