MANILA -- The hearing on the motion for reconsideration (MOR) filed by the legal counsel of former Compostela mayor Gilbert Wagas has been reset due to the Sandiganbayan's failure to reach a quorum Tuesday.

Associate Justice Jose Hernandez failed to attend the hearing due to sickness. Chief Justice Gregory Ong was the only judge in attendance.

Hon. Roland Jurado, who had earlier been appointed as auxiliary associate justice to the case, had previous commitments.

According to lawyer Joffre Gil Zapata of the Sandiganbayan Fourth Division, an order calling on the prosecution to comment or oppose the motion for reconsideration will be filed.

Zapata said the order needs three signatures to be filed that is why the filing of the order was not accomplished Tuesday.

“If Justice Hernandez reports for work tomorrow, then the order can be filed. That's when we can know what the next action will be,” he said.

The “urgent expatriate motion to lift and/or quash bench warrant dated July 2, 2003” was filed last November 6, two days after Wagas's arrest in Cebu.

Lawyers Tito Sese and Danny Gille represented the ex-mayor, who is now detained in the National Penitentiary in Muntinlupa. (Angela Casauay/Sunnex)