TACURONG CITY – The suspected brains in the March 2005 murder of journalist Marlene Esperat got a temporary reprieve against arrests on Wednesday.

Prosecutor Al Calica said the lawyers of Osmeña Montañer and Estrella Sabay, both former ranking agriculture officials in Central Mindanao, filed a motion for reconsideration on Wednesday on a court decision that trashed their motion to quash the charges filed against them in connection with Esperat's death.

Calica said the 20th regional trial court has to issue a decision first on the motion for reconsideration filed by the suspected brains' lawyers.

Until then, the two suspects could not be arrested, he said.

"Due to the pending motion for reconsideration filed by both Sabay and Montañer, the warrants of arrest for murder charges issued by Judge Melanio Guerrero against them will not be carried out," he said.

Calica said they were expecting the court to decide on the motion before May 21.

Montañer, former finance officer of the Department of Agriculture in Central Mindanao; and Sabay, the agency's former accountant for the region, were identified by a former soldier as the ones who contracted him to have Esperat killed.

Rowie Barua, who sought people that could carry out the contract, was among the suspects arrested in connection with the Esperat murder case.

He later became a state witness and his testimonies led to the conviction by a Cebu court of ex-sergeant Estanislao Bismanos, Gerry Cabayag – the confessed triggerman – and Randy Grecia, who acted as look-out.

Both Montañer and Sabay consistently denied any role in the murder of Esperat, a former DA employee, who later became a journalist.

It was Esperat, who blew the whistle on the multi-million peso fertilizer scam that has implicated former Agriculture undersecretary Jocelyn "Joc-Joc" Bolante.

Prima Quinyasay of the Integrated Bar of the Philippines said the delay in the arrest of the suspected masterminds also meant a delay in the resolution of the Esperat case.

"Their arraignment, such as in other suspects, is the turning point in any criminal case," she said.

Quinyasay said the longer the delay would be, the greater the chances that the Supreme Court might order the transfer of the trial venue.

The Fund for Filipino Journalists (FFJ) said it would like to see the hearing of the case against Montañer and Sabay moved to another place.

"It is no secret at all that Tacurong City is the turf of the two accused, where they have considerable political influence," the FFJ said in an earlier statement.

State prosecutor Hazel Valdez of the Task Force 211 said Montañer and Sabay had no grounds to delay their arrests as they failed to present new arguments.

"The state prosecutors are hoping that the court will deny their motion for reconsideration," she said.