Saturday, October 07, 2006 3 of 4 accused meted 20-40 yrs. By Jujemay G. Awit Sun.Star Staff Reporter
THREE of the four men accused of killing the journalist and anti-graft crusader Marlene Esperat were convicted yesterday, 15 months after they pleaded guilty.
They will have to spend 20 to 40 years in jail, as well as pay the Esperat family P175,000 in damages.
Now, the family wants to go after the alleged masterminds.
Immediately after the decision was read, private prosecutor Nena Santos told the court she will file a motion to reinstate Osmeña Montañer and Estrella Sabay as accused in the case, with a prayer for the court to issue an arrest warrant against them.
Montañer and Sabay, both of the Department of Agriculture (DA) 12, were previously impleaded, but dropped from the case that was first filed in Tacurong City, Sultan Kudarat.
One of the four accused, Sgt. Rowie Barua, had testified that it was Sabay who gave Estanislao Bismanos an initial payment of P5,000, a picture of Esperat and her address.
Bismanos was convicted yesterday, along with Gerry Cabayag and Randy Grecia. Unlike them, Barua was acquitted for insufficiency of evidence.
That was one aspect of the decision that disappointed Esperat’s widower, George.
“In fairness to my family, Barua is an accused... I think he should also be convicted, maybe for a lower penalty like 10 or 15 years,” he told reporters during a press conference after the promulgation.
When first arraigned in May 2005, Bismanos, Cabayag, Grecia and Barua had all pleaded not guilty. Two months later, on July 4, 2005, all but Barua changed their plea to guilty.
Bismanos and Grecia submitted separate extra-judicial confessions during an investigation by the Task Force Esperat formed in Sultan Kudarat.
Bismanos said he had been hired to lead the group that killed Esperat, with Cabayag as the gunman and Grecia as the lookout.
Esperat’s son Kevin, 14, testified in court that he saw Cabayag shoot his mother in the head.
“Despite their presence at the trial, not one of the accused has shown any indication that their resolve to admit the crime has diminished and that their confession is involuntary,” said Cebu Regional Trial Court (RTC) Judge Eric Menchavez in his decision.
The judge also pointed out that the confessions were consistent with the physical evidence. The .45 Colt pistol taken from Cabayag was identified as the same weapon that fired the bullet recovered from Esperat’s head.
On March 24, 2005, Esperat was sharing dinner at home with her family when she was gunned down. Before that, she had survived an attempted abduction in 2002 and a grenade attack on her home in 2003, after she filed several graft cases against public officials.
“Marlene Esperat’s murder is likewise qualified by its commission in her dwelling. The home is a sacred place for its owner. He who goes to another’s house to hurt her or do her wrong is more guilty than he who offends her elsewhere,” Judge Menchavez also said in his ruling.
Forgiveness
At the time of her death, Esperat wrote a column in the Midland Review called “Madame Witness” and hosted a radio program. Misuse of public funds—such as the purchase of overpriced fertilizers—was one of her subjects. She was 46.
The family hopes that the masterminds will eventually be pinned down.
Esperat’s sister Valmie Mariveles talked about forgiveness, saying, “If we will be very sentimental, talagang wala, kasi ang pagpatay nila ay hindi nila pinahalagahan ang buhay ng kapatid ko (we would not consider forgiveness, because they showed no respect for my sister’s life)... But if we do not try to forgive them, we will forever carry a burden.”
The family thanked the prosecution panel, composed of Santos, Senior State Prosecutor Leo Dacera, Cebu City Prosecutor Nicolas Sellon and Assistant Cebu City Prosecutor Fernando Gubalane.
“We will use his (Barua’s) testimony against the masterminds because this is already part of the records of the case and this will be the basis of our motion to reinstate the masterminds,” said Santos.
Barua had worked as Sabay’s close-in security detail.
Witness
Judge Menchavez will hear on Oct. 10 the motion to reinstate Montañer and Sabay as accused.
In the meantime, Regional State Prosecutor Antonio Arellano confirmed that Barua is under the Department of Justice’s Witness Protection Program.
“We have been helpful to him, in fact, we have filed the motion for his discharge. Meaning, we will not include him in the case provided that he will testify against the masterminds and indeed he testified, and it is already in court records,” said Santos.
The Esperat case is the second time since last year that a court in Cebu has convicted the accused in the killing of a journalist.
In November 2005, Regional Trial Court Judge Ramon Codilla sent the former policeman Guillermo Wapille to 20-40 years in jail for the murder of Edgar Damalerio, a radio anchorman and managing editor of the Zamboanga Scribe.
In both cases, the prosecution asked that the trial be transferred to Cebu.
