Judge runs to supreme court threats from Sonny Osmeña

CEBU, Philippines - Toledo City Regional Trial Court (RTC) Branch 59 Executive Judge Hermes Montero has brought several threats to his life before the Supreme Court, the latest of which was the one allegedly issued by Mayor John Henry “Sonny” Osmeña.

Montero, in a letter addressed to SC Administrator Jose Midas Marquez dated July 19, 2013, reported that he has been receiving threats on his life since he meted the late Ricardo Rafols Jr. the penalty of 40 years imprisonment for malversation of public property on August 9, 2012.

An ally of Osmeña, Rafols won as councilor in the last May 13 elections but died of natural death last July 11 while he was incarcerated at the National Penitentiary in Muntinlupa City, Metro Manila.

After the flag-raising ceremony at the Toledo City Hall on July 15, 2013, Osmeña reportedly announced in public that “Ricardo R. Rafols, Jr. was a victim of injustice” and further said that “May araw ka rin, Judge.” (Your day will come, judge.)

Osmeña admitted to The Freeman that he uttered the words “May oras ka ra” (Your time will come) during the said occasion but it was not a threat against Montero.

“I did not say anything was going to happen to him but ang Ginoo ra’y mahibawo,” Osmeña said. (Only God can tell.)

Montero, in his letter to the SC, said that such statements are “quite disturbing and have chilling effects on the judiciary since they are pregnant with several interpretations.”

“In fact, the statements carry a threat on my person thereby endangering my life and limbs,” Montero said.

He said that it is indeed regrettable that “a well-respected mayor, and former senator of the Republic” would utter such threatening words in public.

Montero said that it is an apparent interference on the function of the judiciary, coupled with the fact that they have not met in person.

He said that there is therefore no reason at all why Osmeña should attack him and the judiciary as an institution by telling the public that Rafols was a victim of injustice.

“I am writing this letter less for me but more in fairness to the legal and ethical interests of the State, in general, and the Honorable Court, as an institution, in particular,” Montero further said.

Osmeña, on the other hand, said that Montero could retire or ask for his transfer instead of reporting it to the SC.

“Nganong palaban man siya sa Supreme Court nga wa man siya giakusar of anything. Mas maayo unta to mo-retire ug mobalhin og lain,” the mayor said. (Why is he going to the Supreme Court when he was not accused of anything? He should resign instead or transfer to another post.)

Osmeña earlier alleged that some local politicians, police and a judge are tolerating the illegal drug problem before he assumed office. He learned that no single conviction was ever rendered on drug-related cases.

Meanwhile, an open letter of a certain Regino Blanco Rafols who identified himself as brother of Ricardo was sent to Montero after the judgment was issued.

The letter addressed Montero as “Mr. Injustice” and accused him of being associated with former mayor Aurelio Espinosa.

“Wala ko kaila nimo personal apan nakakita ko sa imong panagway nga mora ug tarong apan lawom ug dulot,” Regino said. (I have not known you personally but I have seen your face. You seem good but it looks like you’re hiding something.)

He also alleged that Montero failed to appreciate the mitigating circumstances of the case because Ricardo was poor. The case is on appeal at the Court of Appeals in Cebu City.

“I know that in due time my brother shall be vindicated because at the end of the day you can’t put a good man down. May your tribe decrease, Mr. Injustice!” the letter further said.

Other threats have been entered into the blotter of police stations in Toledo City and Balamban.

Some city officials and residents of Toledo reportedly warned Montero to be extra careful for possible retaliation of loyal supporters of Rafols after he rendered the guilty verdict.

Sometime in November 2012, two men on a motorcycle reportedly asked a certain Eloy Pilapil, a resident of Combado, the location of the house of Montero.

On December 2012, a motorcycle with two men onboard reportedly parked at the highway of Combado in front of the ancestral house of Montero’s family and the backrider tried to open the gate but it was padlocked.

In the morning of January 8, 2013, two men on a motorcycle reportedly waited for about 30 minutes at a gasoline station in front of Montero’s house in Combado.

The motorcycle sped off towards Asturias when PO3 Janjan Gilamon of Asturias Police arrived and after PO3 Roel Suquib’s driver honked the Tamaraw FX vehicle.

The incident was reportedly observed by SPO4 Joseph Mangle of the Toledo City Police Station and Arthur Camangyan, process server of RTC Branch 29, Toledo City, who came to Montero’s house upon his request.  

In the evening of January 10, 2012, Montero observed from his residence a motorcycle beside the gasoline station whose driver was staring at his residence with lights on and engine running. — /JPM (FREEMAN)