National Crisis
Sixth journalist killed
ANOTHER BROADCASTER was shot and killed last Nov. 17 by a killer onboard a motorcycle in Gingoog City, Misamis Oriental. He was the sixth Filipino journalist killed this year, and the fifth killed in the line of duty.
Arecio Padrigao, 55, of dxRS Radyo Natin had just dropped off his daughter in front of the Bukidnon State University when he was killed by an assassin riding tandem on a motorcycle. The incident happened at about 7:15 in the morning. As of press time, police had yet to determine the motive behind the incident. His killing seemed work-related, however. No arrests have been made.
The Center for Media Freedom and Responsibility (CMFR) recorded two journalists killed in the line of duty in 2007.
Padrigao anchored “Sayri ang Katilingban” (Know the People), a block-time radio program for dxRS Radyo Natin aired every Friday. Padrigao criticized local government corruption as well as illegal logging activities in his province on his program. He also wrote a column for the community newspaper Mindanao Monitor Today.
Block-timing is a practice in the Philippine provinces where individuals buy “blocks” of radio time for their programs. Payments are usually generated by the program’s advertisements.
Toto Gancia, a radio announcer for dxRS Radyo Natin, told CMFR that Padrigao had received threats prior to his killing.
“His (Padrigao’s) wife told me that he received threats prior to his killing. The threats told him in effect that he would not live until Christmas,” Gancia said.
Like many other journalists who have received death threats, Padrigao did not take the threats seriously.
CMFR has recorded 77 journalists killed in the line of duty since 1986, 39 of whom were slain during the present administration of Gloria Macapagal Arroyo including the Dec. 2 killing of Samar-based broadcaster Leonilo Mila. There have been no convictions of the masterminds, while only two cases out of the 39 have yielded convictions for the gunmen.
Court orders arrest
A LOCAL court in Sultan Kudarat had ordered the arrest of alleged masterminds in the slaying of a journalist in March 2005.
Judge Melanio S. Guerrero of the Tacurong City Regional Trial Court (RTC) Branch 20 issued last Oct. 21, arrants of arrest against the alleged masterminds in the killing of journalist Marlene Esperat. Murder charges were filed against them on Oct. 20.
However, Montañer and Sabay filed last Oct. 21, a motion to quash the information before the Tacurong City RTC Branch 20.
Last Feb. 4, the Cebu City RTC Branch 7 of Judge Simeon Dumdum had issued warrants of arrest against Montañer and Sabay. But a preliminary injunction issued by the Cebu City Court of Appeals last May 14, prevented the serving of the warrants of arrest and Judge Dumdum from hearing the case. Montañer and Sabay filed the petition for the issuance of a preliminary injunction before the appellate court last March 6, arguing that the Cebu City RTC had no jurisdiction over the case filed against them.
The Cebu City Court of Appeals agreed with the Office of the Solicitor General’s opinion that the case against Montañer and Sabay should be filed at Tacurong City where the murder happened.
On Sept. 28, 2008, Judge Dumdum approved the petition for the withdrawal of charges at the Cebu City RTC filed by the prosecutors in preparation for the filing of a murder case against the alleged masterminds before the Tacurong City RTC.
The prosecution refiled the case in Tacurong City. Montaner and Sabay subsequently filed before the Manila Court of Appeals a petition to stop the reinvestigation and refiling of charges against them.
Petition of “masterminds” denied
The Manila Court of Appeals meanwhile denied last Oct. 15 the petition for certiorari and prohibition filed by the alleged masterminds to stop the reinvestigation of, and the filing of charges on, the 2005 killing of journalist Marlene Esperat.
In a 17-page decision penned by Associate Justice Bienvenido Reyes, the Manila Court of Appeals Special Eighth Division denied the Nov. 19, 2007 petition by Osmeña Montañer and Estrella Sabay, alleged masterminds in the killing of Esperat, asking the court to prohibit the state prosecutor and the Department of Justice from re-investigating the case and re-filing charges against them.
“It is legally permissible for public respondents to reopen the preliminary investigation,” the appellate court said. “…(T)he complainants may present new or additional evidence which could alter the result of the earlier finding of no probable cause and accordingly ask for a reinvestigation or a reopening of preliminary investigation.”
The court also ruled that the prior withdrawal of the charges against them at the Tacurong City Regional Trial Court (RTC) did not prejudice the refiling of charges. “Such dismissal merely relieved the petitioners from imprisonment or from being held on bail and not to acquit them of the crime charged.”
It added: “There is no statement in the order of dismissal of RTC Tacurong City (dated Aug. 31, 2005) that the dismissal was with prejudice. A dismissal order is generally deemed to be without prejudice to the filing of another action…. The only instance when dismissal of an action is with prejudice is, when the order itself so states.”
The appellate court also denied the Montañer and Sabay motion to “implead the Regional Trial Court of Tacurong City, Sultan Kudarat; Cotabato City; or any other court as nominal party.”
Private prosecutor Nena Santos said the Manila Court of Appeals decision would be “a big help” in the prosecution of Montañer and Sabay in Tacurong City. Last Oct. 20, the prosecution refiled murder charges against Montañer and Sabay before the Tacurong City RTC Branch 20 of Judge Melanio S. Guerrero. Guerrero issued last Oct. 21, warrants of arrest against the two.
“That will be helpful in the case filed in Tacurong City since the Court of Appeals declared that the former dismissal (of the charges against them) does not prejudice refilling the case,” Santos said. She added that the Court of Appeals also answered the questions posed by the motion to quash filed by Montañer and Sabay last Oct. 21, before Tacurong City’s RTC Branch 20.
Esperat was killed on March 24, 2005 by unknown assailants inside her home and in full view of her children in Tacurong City. She was known for her exposes on alleged corrupt activities in the regional office of the Department of Agriculture where Montañer and Sabay work.
Since President Gloria Macapagal Arroyo came to power in 2001, 39 journalists have been killed in the line of duty—almost half the total number of journalists killed in the line of duty since 1986. Out of the 39 cases, only the assassins and their accomplices in two cases—the 2005 killing of Esperat and the 2002 killing of Edgar Damalerio—have been convicted. No mastermind in any of the cases has been successfully prosecuted, and Montaner and Sabay could be the first.
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