MANILA, Philippines ? A Manila court has postponed the arraignment of the brother of slain hostage-taker Rolando Mendoza on serious disobedience charges to give him time to file a motion to dismiss the complaint.

Judge Ermin Ernest Louie Miguel of the Manila Metropolitan Trial Court Branch 11 granted an oral motion by SPO2 Gregorio Mendoza's lawyers to defer the arraignment, a process in which an accused person enters a plea, and set oral arguments on September 28.

Gregorio, represented by the Public Attorney?s Office, indicated to the court his intention to file a motion to quash the information on the ground that the charges against him were defective.

He was charged with serious disobedience for entering the scene of the August 23 hostage taking incident with a firearm, which was later confiscated from him. The deputy negotiator, Senior Inspector Romeo Salvador, said Gregorio told his brother not to listen to the negotiators unless his gun was returned to him.

His presence and subsequent arrest at the height of negotiations with his brother were believed to have caused Mendoza to shoot at the hostages. Eight of the Hong Kong tourists and Mendoza died in the incident.

Gregorio was originally charged with conspiracy to commit serious illegal detention but the Manila Prosecutor's Office did not find sufficient basis to indict him on the charge, and instead filed a complaint for serious disobedience against him.

He posted bail of P2,000 for his conditional liberty last month.

The arraignment was supposed to be held on Thursday. Mendoza attended the hearing accompanied by his wife and three children, court staff said.