The hearing on the writ of Amparo filed by Tessa Fortunado, mother of Eddie Fortunado, one of the suspects in the murder of Kabankalan City Judge Henry Arles, was rescheduled to November 8 after two journalists who were sent subpoenas to testify in court, did not take the witness stand.

Lawyer Ormil Go of the Solicitor General's Office said he would present a rebuttal witness who will testify that Fortunado was not tortured while in the custody of the National Bureau of Investigation.

ABS-CBN Bacolod reporter Mark Salanga and Visayan DAILY STAR editor Carla Gomez were supposed to testify before Regional Trial Court Branch 42 Judge Fernando Elumba.

Gomez told the court she was not competent to testify on matters other than what she had already written in the Visayan DAILY STAR, and asked that she not be asked to take the stand as she wished to remain a journalist impartially covering the case.

ABS-CBN through their legal counsel Andres Hagad filed a motion to quash subpoena stressing that it is vague.

The video footage to be produced is not described with sufficient definiteness by stating the exact date and time of broadcast and that the subpoena is not described sufficiently to identify the videotape/disc sought to be produced, Hagad said.

He said that without a definite identification of the required footage, ABS-CBN has no way of determining whether the requested material is relevant to the purpose for which it is requested.

Hagad said until these are addressed, Salanga should be excused from testifying in this case.*APN

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