CEBU, Philippines - The panel of prosecutors from the Office of the Provincial Prosecutor denied the motion for the issuance of subpoena to an assistant prosecutor as filed by the defense counsel in a rape and serious illegal detention case, for lack of merit.
Prosecutors Manuel Degolacion Jr., Marvin dela Peña and Rustom Presas Jr. in their order dated August 19, 2010 said that after evaluating of the pending motion, they believe that the testimony of assistant provincial prosecutor Richard Abangan Sr. is not relevant to the merits of the case.
The case was filed against a 25-year-old man who alleged raped his girlfriend in Carcar town last April. Both are Nursing students.
The panel of prosecutors said that the final determination of the said case can be had with or without Abangan's testimony.
Defense counsel, Maria Dolores de la Serna-Unchuan earlier filed the said motion for Abangan to testify in relation to the execution of the complaint-affidavit of the complainant on the said case.
This case was initially handled by Abangan, who already inhibited on account of motion for inhibition filed against him by private complainant.
"The grant of the same will just drag the case and administration of justice," the order read. - THE FREEMAN