MANILA, Philippines - The Quezon City judge handling the kidnapping charges against alleged Communist Party of the Philippines leaders Benito and Wilma Tiamzon ruled to proceed with the case despite a pending petition filed by the couple with the Court of Appeals (CA).
Judge Madonna Echiverri said that under the rules of court, a petition should not interrupt a case unless a temporary restraining order or writ of preliminary injunction is issued by a higher court.
Echiverri said the pre-trial of the case set on Nov. 25 will proceed.
The case against the Tiamzons stemmed from the alleged kidnapping of Lieutenants Clariton Santos, Oscar Singson, Rommel Salamanca and Abraham Casis of the Armed Forces of the Philippines and of Sgt. John Jacob of the Philippine Narcotics Command in 1988.
Earlier, the respondents filed a 20-page omnibus motion for the dismissal of the kidnapping with serious illegal detention charges.
They said the charges must be deemed absorbed in an umbrella rebellion case against them that was dismissed by the Supreme Court on June 1, 2007.