Mayor seeks reinvestigation, asks court to lift warrant in rape case

CEBU, Philippines - The mayor of the Municipality of Rizal in Palawan has asked the court to order a reinvestigation of the rape case he is facing and to lift the warrant issued against him.

Mayor Nicolas Montaño Sr. filed the urgent omnibus motion for reinvestigation and lifting of the warrant of arrest through lawyer Joey Luis Wee.

“There is a need to set aside the court’s order, lift the warrant of arrest and order the re-investigation of the case due to a very serious and unfathomable deprivation of accused’ right to due process of law,” the motion reads.

Wee said his client was deprived of his right to preliminary investigation, considering that the crime he was charged with is non-bailable. 

“A non-bailable crime requires a complete preliminary investigation. Its purpose is to secure the innocent against hasty, malicious and oppressive prosecution and protect accused from an open and public accusation of a crime,” Wee said.

On July 28, 2010, prosecutor Mario Edgardo Montenegro issued a resolution finding probable cause to charge Montaño for rape. However, his resolution stated Montaño was not able to respond to the complaint because he could not be reached through his address here in Cebu.

After the charge was elevated to court, Regional Trial Court Judge Gilbert Moises issued the arrest warrant against Montaño on August 24, 2010.

But Montaño questioned the address in Ibabao, Mambaling where the subpoena was sent already speaks of a different “Montaño Sr.”

He argued that he is unfamiliar of the address, as he has never transferred nor maintained a residence in Cebu. He said he was been a long time resident of sitio Sicud, Barangay Candawagan in Rizal, Palawan.

Montaño is still confined at a hospital in Palawan after he suffered a heart attack when he was arrested there last week.

The court will hear his omnibus motion on Monday. (THE FREEMAN)