The lawyer of Datu Unsay Mayor Andal Ampatuan Jr., the principal suspect in the infamous “Maguindanao Massacre”, filed a motion before the Quezon City Regional Trial Court seeking to ban government officials from issuing statements to the media regarding the case.

Sigfrid Fortun filed the motion before the sala of RTC Branch 221 Judge Jocelyn Reyes and named Department of Justice State Prosecutor Jovencito Zuno, Chief National Bureau of Investigation Anti-Terrorism Division Chief Ricardo Diaz and DoJ Assistant State Chief Prosecutor Richard Fadullon as respondents.

Fortun asked the respondents to explain why they should not be cited for contempt regarding the statements they issued to the media after the first hearing of the massacre case last January 27.

The legal counsel of Ampatuan Jr. cited the subjudice rule which applies to all ongoing hearings in seeking the gag order.

Meanwhile, key members of the Ampatuan clan will remain in their detention cells in Mindanao for at least four more days after another court decided to hear oral arguments to determine if there is strong evidence against them for rebellion.

The Ampatuans detained in Mindanao are also opposing their transfer to a jail facility in Metro Manila.

In Friday’s hearing held at the Philippine National Police headquarters in Camp Crame, Fortun argued that the issue on the transfer of his clients should be deferred until such time the court comes up with a ruling on whether or not there is a probable cause on the rebellion case.

“It’s like putting the cart before the horse... the presence or absence of probable cause should be determined before a commitment order is to be issued. At this point, it is premature,” Fortun told the court under Judge Vivencio Baclig of QC Regional Trial Court Branch 77.

The rebellion case was raffled off to the sala of Baclig on Tuesday following a Supreme Court decision to move the trial of the rebellion case from Cotabato City to a Metro Manila court.

Among the respondents in the rebellion case are the Ampatuan clan patriarch, former Maguindanao Governor Andal Ampatuan Sr., suspended Autonomous Region in Muslim Mindanao Governor Zaldy Ampatuan, Maguindanao Vice Governor Akmad Ampatuan, Shariff Aguak Mayor Datu Anwar Ampatuan and acting Maguindanao Governor Sajid Ampatuan. They are all detained in General Santos City.

The hearing on the determination on the probable cause was scheduled on Tuesday, February 9, but Fortun urged the court to hear it yesterday along with their urgent motion to defer the transfer of jail.

But DoJ lawyers led by State Prosecutor Lamberto Fabros did not agree, saying what was on the agenda is merely the defense’s urgent motion to defer the transfer of the detention of his clients.