Lawyers of the accused filed a motion for reconsideration after Judge Thelma Bunye-Medina of Branch 32 had denied their earlier motion to quash information and to dismiss the case.
By JANESS ANN J. ELLAO
Bulatlat.com
MANILA – The Manila Regional Trial Court (RTC) branch 32 postponed the arraignment of Benito Tiamzon, Wilma Austria, and other high profile peace consultants, as the judge said she will first rule on the motion to dismiss the case.
Lawyers of the accused filed a motion for reconsideration after Judge Thelma Bunye-Medina of Branch 32 had denied their earlier motion to quash information and to dismiss the case.
The murder case refers to a mass grave found in Inopacan, Leyte.
Meanwhile, their four other co-accused Dario Tomada, Oscar Belleza, Norberto Murillo and Bernabe Ocasla were arraigned. All four pleaded not guilty to charges filed against them.
Public prosecutor Rosulo Vivero said they would no longer file an opposition comment to the motion for reconsideration filed by the accused through their lawyers. Vivero earlier asked the court for a 30-day extension to file a comment.
The judge said the motion is deemed submitted for resolution.
Speaking to the media after the hearing, Rachel Pastores of the Public Interest Lawyer Center and one of the counsels of the accused, said, “if they did not file a comment, it means that they do not dispute the content of our motion for reconsideration.”
The said murder charge filed against some 70 activists and peace consultants have long been criticized by human rights groups as harassment against the critics of the Aquino government.
Among those who are charged are former Bayan Muna Rep. Satur Ocampo and peace consultants Rafael Baylosis and Randall Echanis.
Bail
The respective lawyers for Tomada, Belleza, Murillo and Ocasla earlier filed petition for bail for them.
Jobert Pahilga, one of counsels, said he is confident that it would be granted as prosecutors would adopt the testimonies of witnesses presented against one of the accused Noli Narca, whose petition for bail was granted.
“There is no evidence against them. But our main consideration for the arraignment is the fact that they are detained,” Pahilga said.
In the affidavits of the witnesses presented, Pahilga said the names of Tomada and Villesa, his clients, were never mentioned. Their names, however, were included as they were active peasant leaders.
The pretrial conference and the bail hearings are set on Dec. 3 and 4. 
