Esperat Case: Prosecution wants time to file reconsideration

The prosecution panel handling the Marlene Garcia-Esperat murder case has asked Regional Trial Court judge Eric Menchavez for a reconsideration on his denial of two motions they filed earlier.

Private Prosecutor Nena Santos said they decided to file a motion for reconsideration first instead of directly challenging Menchavez's order before the Court of Appeals.

Menchavez, on February 22, denied the two motions of the prosecution panel: an urgent motion for extension of time to file a motion for reconsideration and the motion to admit the motion for reconsideration

The effect of the denial of their two motions would be that, the Department of Agriculture Region 12 officials Osmeña Montañer and Estrella Sabay would not be re-included in the murder charge anymore.

Montañer and Sabay were identified as the masterminds in the murder of Esperat, a columnist and broadcaster from Tacurong City, Sultan Kudarat, who was shot last March 24, 2005 inside her home. But the previous panel of prosecutors dismissed that charge against the two.

In his decision denying the motions, Menchavez cited the failure of the prosecution to file the motion within the prescribed period.

Santos said that the present panel of prosecutors should not be blamed for it because it was not their fault. Santos said the records were not available because the previous judge handling the case had them.

Santos said they have appended several documents to their motion for reconsideration to convince Menchavez.

"Hopefully he can see why we are not able to file the motion for reconsideration immediately," Santos said.

Santos said they can understand Menchavez for it, but he also said they are prepared to bring the matter to the Court of Appeals in the event that their motion for reconsideration is denied.

"Perhaps he would want the CA to rule on the matter," Santos added. - Fred P. Languido