CEBU, Philippines – Two members of the media were called yesterday to testify for the defense on the ambush-slaying of then assistant city prosecutor Patrick Osorio in January 2009.
Public attorney Alrey Ouano presented former Banat News correspondent and dySS reporter Guamitos Logroño to testify on his news article about an unnamed witnesses to the ambush.
Ouano, counsel for the two accused, Lyndon Horandoy and Allan Senogat, would have also presented Tata Sinco Sy of ABS-CBN to testify on a video footage regarding the ambush. Sy instead sent ABS-CBN radio, tv supervisor Peter Martin Alfafara.
Alfafara was immediately excused from the witness stand because he did not have with him the video footage.
Private prosecutor Danilo Yap objected the presentation of Logroño as witness saying that his “testimonies would be bordering to pure hearsay, considering that he was not present during the killing.”
"A hearsay evidence has no weight and no value and does not comply with the Rule on Evidence. We will just be taxing the witness unless he will be testifying in his own personal knowledge," said Yap during the hearing.
Yap accused the defense of a fishing expedition at the “expense” of the witness’ time.
Ouano however persisted and was able to persuade the court to present Logroño, The defense counsel however received an admonition from the court for his line of questioning which delves on the details of the published article.
Regional Trial Court Judge Silvestre Maamo advised Ouano to just mark the published article as his exhibit rather than asking questions about it. Ouano asked the reporter if he could name the witnesses he mentioned in his article.
Logroño however said he could no longer remember them as it happened long time ago. The court also reminded Ouano that he cannot force the reporter to name his source as journalists could not be compelled to name their sources.
Republic Act number 53 or The Press Freedom Law and popularly known as the Sotto Law protects the publisher, editor, columnist or duly accredited reporter of any newspaper, magazine or periodical of general circulation. It also protects the journalist from being compelled to name his news source.
After Logroño testified, Maamo told Ouano to be specific why he is calling several media persons to the witness stand because the court cannot deal on generalities.
"The records in court are already voluminous. Put that in writing and its reasons and maybe we can have a chamber conference and let the defense stipulate, so that we can dispense them (media)," the judge said.
Ouano is planning to present Sunstar Daily editor-in-chief Isolde Amante in the next hearings on September 15 and 20. – Mitchelle L. Palaubsanon and Mylen P. Manto/FPL (FREEMAN)