RTC Branch 20 Judge Francis Palmones Jr. also denied the petition for review of the murder case against Region 12 agriculture officials Osmena Montaner and Estrella Sabay, finance officer and accountant, respectively, because "they have not submitted themselves to the jurisdiction of the court."
Since the issuance of the arrest warrants last May 20, Montaner and Sabay, alleged to have masterminded Esperat’s killing, have gone into hiding.
"The motion to suspend further proceedings and recall of (the) warrant of arrest lacks merit and must be denied," Lazaro said.
Two days after Palmones issued the arrest warrants for them, Montaner and Sabay, through their legal counsels, filed the twin motions, saying they would appeal the case and petition for review pursuant to Department of Justice Circular No. 70 dated July 3, 2000.
In his three-page resolution, Palmones said that pending the arrest of the two DA officials, Section 6 (a) of Rule 112 of the Revised Rules of Criminal Procedure clearly states that "they have no legal standing in court and it follows that any pleading filed in court before their arrest is premature and cannot be duly acted (on) by this court."
Palmones added that DOJ Circular No. 70 which the defense counsels had cited cannot prevail over this provision of the Rules of Court.
"In order not to frustrate the ends of justice, the warrant of arrest previously issued against the two DA officials must be immediately served," he said.