PNP to pursue case vs 2 DA execs in scribe’s slay

The Philippine National Police (PNP) is going after the alleged masterminds in the 2005 killing of Sultan Kudarat journalist Marlene Garcia-Esperat.

PNP chief Director General Oscar Calderon directed Deputy Director Avelino Razon Jr., head of Task Force Usig tasked to investigate the killings of journalists and militants, to ensure an airtight case against Osmena Montaner and Estrella Sabay, finance officer and accountant, respectively, of the Department of Agriculture in Region 12.

Razon believes that the charges against the two would warrant a conviction in court since Esperat’s assassin, Gerry Cabayag, has been found guilty and sentenced to life imprisonment.

"This is the first instance that we are going to file a case against a mastermind," said Razon. "We have complete documents to show probable cause in so far as the two masterminds, Montaner and Sabay, are concerned," he said.

Esperat, a columnist of the Midland Review and a radio broadcaster known for her fearless exposés, was gunned down inside her home in Tacurong City on March 24, 2005.

The Tacurong police subsequently filed murder charges against Montaner, Sabay, and Sgt. Rowie Barua, assigned to the Army’s 6th Infantry Battalion.

Barua, who served as Sabay’s security detail, later executed a statement alleging that Montaner and Sabay had paid P120,000 for the killing of Esperat.

Barua and his family were later placed under the government’s witness protection program.

On May 20, 2005, Tacurong City Regional Trial Court Judge Francis Palmones issued a warrant of arrest for Montaner and Sabay, but it was never served for unknown reasons.

Two months later, lawyer Nena Santos, legal counsel of Esperat’s family, requested that the case be heard in Cebu City instead "because of the tremendous influence of the (alleged) masterminds" in Tacurong.

On July 25, 2005, without allegedly conducting a hearing and while the two accused were at large, Palmones issued an order granting the motion to recall the arrest warrant based on an ex-parte re-investigation of the case.

On Aug. 31, 2005, Palmones dismissed the charges against Montaner and Sabay, saying that there was no probable cause against them.

Despite Palmones’ decision, the Supreme Court, on Nov. 23, 2005, transferred the case to Cebu City.

Last Oct. 7, the Cebu City sentenced Cabayag to reclusion perpetua and acquitted Barua who had testified for the prosecution.

Esperat’s lawyer filed a motion to reinstate Montaner and Sabay as accused and for the court to issue an arrest warrant for them, but the Cebu RTC denied it, saying it had no more jurisdiction over the two after Palmones dismissed the charges against them.

The officers and members of the Tri-Media Association of Central Mindanao (Region 12) said they are preparing a complaint against Palmones for alleged partiality toward Montaner and Sabay.