Court reschedules hearing of Esperat murder to April

The trial of the murder of Mindanao-based journalist Marlene Esperat will have to be postponed further to give time for the court to resolve the two pending motions of the prosecution.

Judge Eric Menchavez of Regional Trial Court Branch 21 yesterday asked for one month to resolve the motions of the prosecution asking for an extension of the time to file a petition for reconsideration on the dismissal by the court in Tacurong City of the case against the two alleged masterminds.

The prosecution panel, led by state prosecutor Leo Dacera and Esperat's private counsel, Nena Santos, asked the court that they be given time to file the necessary motion for reconsideration on the dismissal of the charge against Department of Agriculture Region XI finance officer Osmeña Monteñer and regional accountant Estrella Sabay, the alleged masterminds, by RTC judge Francis Palmones of Tacurong City last August 31.

The prosecution asked the court to accept its motion for reconsideration even if the 15-day reglementary period within which to file has already lapsed.

Monteñer's lawyer, Bernardito Florido, strongly opposed the motions, saying that granting it is tantamount to amending the rules and the jurisprudence set by the Supreme Court.

Florido said Section 3, Rule 41 of the Rules of Court has fixed the period of 15 days within which to file a motion for reconsideration on the court's ruling and decision. "There is no way to resurrect the case because 15 days have already lapsed."

Dacera explained that they were not the first to handle the case, besides the perceived connivance of the prosecutor with the alleged masterminds is one of the grounds that they supported calls for the transfer of the case's trial to Cebu City.

In fact, it was Cotabato City prosecutor Tocod Ronda who asked the court to dismiss the case against Monteñer and Sabay.

While the prosecution admitted that the reglementary period has already lapsed, Dacera said "technicality should not take precedence over substantial justice."

The clashing legal contentions prompted Menchavez to ask for one month to resolve the matter and defer the supposed pre-trial conference of the case.

The court would have proceeded with the trial of the three accused who had earlier pleaded guilty to the crime. But the prosecution's move to present the three as hostile witnesses prompted the court to reset the trial in the first week of April.

Dacera would have presented yesterday Estanislao Bismanos, Gerry Cabayag and Randy Grecia as hostile witnesses to identify their extra-judicial confessions in admitting to the crime.

The other accused, Sgt. Rowie Barua, is now under custody of the witness protection program. The prosecution, however, is yet to file a formal motion to cite him as one of the accused.

The Supreme Court has transferred the trial of the case from Tacurong City upon the request of Esperat's family due to the alleged harassment of the witnesses.

The prosecution is confident that it will get justice in Cebu because it is already far from the influence of the alleged masterminds. - Fred P. Languido