The Philippine Supreme Court approved on 10 August 2009 the change of venue of the trial of the suspects in the attempted murder of a Cagayan de Oro City-based broadcaster to Makati City. Cagayan de Oro City is approximately 789 kilometers from Manila.
The Third Division of the High Court granted the transfer of the trial venue of the case against alleged gunman Bernardo Aguilar and his accomplices for the frustrated murder of broadcaster Nilo Labares from Branch 21 of the Cagayan de Oro Regional Trial Court (RTC) to any branch of the Makati RTC.
Labares, chief of reporters and anchor for DxCC-Radio Mindanao Network (RMN), survived an attack by a gunman riding tandem on a motorcycle in Cagayan de Oro City on 5 March 2009. Before the attack, Labares had received death threats on his mobile phone. He has been reporting on illegal gambling activities in the province such as video "karera" and cockfighting.
The Supreme Court said it approved the transfer after the Office of the Court Administration (OCA) found that "…the perceived fear for the lives and security of the witnesses is actual and real and that the grounds cited by the petitioner appear to be well-founded and the violence feared is highly possible."
In its resolution (A.M. No. 09-6-257-RTC), the Supreme Court "relieve(d) Hon. Gil G. Bollozos, presiding judge of RTC Branch 21, Cagayan de Oro City, of his authority to hear and decide the subject case" and ordered the Clerk of Court of the Cagayan de Oro RTC to send the documents pertaining to the case to the Office of the Clerk of Court of the Makati RTC.
Labares and the Freedom Fund for Filipino Journalists (FFFJ) requested the transfer of the case for the security of Labares’ family, witnesses, and the prosecution. FFFJ had received information that there were attempts to prevent potential witnesses from testifying in court.
In his letter to Chief Justice Reynato Puno last 17 March, Labares said, "If the case will proceed to trial here in Cagayan de Oro City, I know that the protectors/coddlers will eventually get to me and kill me in order to silence me forever especially now that the gunman is free on bail. My witnesses will also hesitate to testify given the power and influence that these people have in the area. Who knows, even the judges here may not be beyond the influence of these highly-placed individuals and my case might end up getting dismissed."
FFFJ is a coalition of six media organizations formed to address the continuing killings of and attacks against journalists in the Philippines. The Center for Media Freedom and Responsibility (CMFR) is a founding member and serves as the secretariat of FFFJ.
The Supreme Court earlier granted two separate requests for transfer of trial venue—in the cases of the alleged masterminds in the killing of Marlene Esperat (granted on 26 August 2009), and of the alleged gunman and his accomplices in the Dennis Cuesta killing (granted on 13 July 2009). Both requests were filed by the FFFJ.
