MALACAÑAN– The Presidential Task Force on Media Security (PTFoMS) lauded the decision of Masbate Regional Trial Court Branch 49 presiding judge, Hon. Teofilo Tambago, to recall the warrants of arrest he earlier issued against two local journalists and their co-accused and the reinvestigation of the incident that implicated them for murder.
“We commend Honorable Judge Tambago for granting the urgent motion to recall the warrant filed by the accused in the interest of due process and equitable justice. This reprieve granted by the court is also a triumph for the rule of law,” said PTFoMS Executive Director Usec. Paul M. Gutierrez.
In a resolution last August 5, 2024, Judge Tambago acted favorably in the urgent motion to recall the warrants of arrest and prayer for preliminary investigation filed by Benjamin Gigante, Jhay Alfaro, Benjie Naraja and Raymund Dosdos. Gigante and Alfaro are members of the Masbate Quad Media Society and work for local radio station dyME.
“Wherefore, premises considered, the Office of the Provincial Prosecutor is ordered to conduct reinvestigation of the case. In the meantime, the WARRANTS OF ARREST issued for this case are ordered RECALLED and SET ASIDE,” reads the dispositive portion of the court’s ruling.
The four were accused of being members of the local communist terrorist group (CTG) operating in Masbate and who were allegedly behind the killing last April 6, 2024, of Richard Bauso in the town of Cawayan, based on the criminal information filed by Masbate Provincial Prosecutor Jeremias Mapula.
In their defense that was found meritorious by Judge Tambago, the accused averred they were not granted their right to a preliminary investigation as they never received any subpoena from the court. They also claimed to be residents of Masbate City while the complaint placed their residence in Taverna, Placer, Masbate.
In a letter to Mapula last August 2, Gutierrez sought assurance if the case build-up against the accused adhered to the provisions of Department Circular 20 (DC 20), series of 2023 of the Department of Justice (DOJ) and if the purported membership of Gigante and Alfaro with the CPP-NPA has been validated by the Philippine National Police and the Armed Forces of the Philippines.
Gutierrez noted that previously, Mapula also accused Gigante and Alfaro, along with three more local journalists, of membership with the CPP-NPA and in the killing of one Virgil Arriesgado last August 12, 2022.
“In both incidents, it appears these local media personalities were first accused of being members of the local communist terrorist movement (CPP-NPA) in Masbate before being linked to the murder of the above victims,” Gutierrez said.
Citing a media report, Gutierrez noted that last month, Judge Tambago also recalled the warrant of arrest for murder he issued against the five journalists for the death of Arriesgado.
Gutierrez also raised the possibility that that the latest case against Gigante and Alfaro may have been a ‘SLAPP suit’ (strategic lawsuit against public participation) to distract their attention from pursuing the cases they filed before the Ombudsman against some local officials in Masbate.
The PTFoMS official also reminded Mapula that as the government’s mechanism to address all violations on the right to life, liberty, and security of all members of the media, the PTFoMS is chaired by the Secretary of Justice “with the full support of all the attached agencies of the Department of Justice, including the National Prosecution Service (NPS), of which you are a part of.” ###