September 13, 2008

Court of Appeals’ Favorable Decision Foreshadowed
PASTOR BERLIN GUERRERO GAINS FREEDOM FROM DETENTION

On September 11, 2008, in a courtroom packed to capacity with bishops, ecumenical church leaders, clergy, and human rights defenders, the honorable Justice Martin S. Villarama, Jr. delivered an immediate resolution releasing Pastor Berlin Guerrero to the custody of his lead counsel Senator Jovito Salonga and co-counsels Atty. Emilio Capulong and Atty Evelyn Dominguez . A Temporary Restraining Order barring the Regional Trial Court, Branch 19, Bacoor, Cavite from conducting further proceeding on the murder case levied against Pastor Berlin was also immediately granted.

The decision brought an eruption of applause, after which many, both inside the courtroom and keeping vigil outside of the Court of Appeals, cried with tears of happiness. “Today is a story that we must tell again and again. This is a moment of great inspiration to be remembered,” shared misty-eyed Father Rex Reyes, General Secretary of the National Council of Churches in the Philippines. Inside the courtroom Pastor Berlin Guerrero tightly embraced his wife Mylene and his three teenage children. The parents and siblings of Pastor Berlin also huddled close to celebrate the moment.
Lead counsel Senator Salonga gave way to co-council Atty. Emilio Capulong to present the points of the case. Atty. Capulong raised defects on the information of the warrant—most disturbingly that Judge Myrna Lim Verano who originally issued the warrant in the early 1990s never questioned or saw the supposed witness to the murder identifying Pastor Berlin Guerrero as a suspect. Then, Atty. Capulong also presented evidence of the torture of Pastor Berlin.

Justice Villarama focused the bulk of his questions to the opposing counsel on the preliminary hearing conducted by Judge Myrna Lim Verano with the only supposed witness never being presented to the court. He probed if the only ‘evidence’ was merely hearsay. Finally, Justice Villarama asked if the opposing counsel had any objection to our petition for a TRO; there being none, the TRO was granted. Then, Justice Villarama asked Senator Salonga and Atty. Capulong if they would be willing to take Pastor Berlin Guerrero under their custody and Justice Villarama granted the same.
After processing the legal paperwork, Pastor Berlin Guerrero walked free from the Cavite Provincial Jail linked arm-in-arm with his eldest son. A family that has had to endure more than fifteen months of unjust detention and separation took their first breaths of reunion together. As Pastor Berlin awaits the next action of Justice Villarama’s Court and praying that it will be a Resolution of Quashal, Pastor Berlin savors these first precious moments with his family.
“We are extremely pleased with the result of this hearing,” says Bishop Eliezer Pascua, UCCP General Secretary, “we will remain prayerful and vigilant until we hold official papers confirming that the murder case has been quashed. Thanks be to God for Pastor Berlin’s release from detention.” The United Church of Christ in the Philippines has scheduled a Press Conference and Ecumenical Thanksgiving Service for Pastor Berlin to be held 10 am, Tuesday, September 16, 2008, at the National Council of Churches in the Philippines.

Update by: Rebecca Lawson, Staff, United Church of Christ in the Philippines

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