CEBU, Philippines – The Regional Trial Court has recalled the arrest warrant it issued against a municipal mayor in Palawan who is accused of rape to give way for a reinvestigation of the case.
RTC Judge Gilbert P. Moises granted yesterday the urgent omnibus motion for reinvestigation and lifting of the warrant of arrest filed by Mayor Nicolas T. Montaño, Sr. of Rizal town in Palawan.
Moises ordered the Cebu City Prosecutor's Office to conduct the reinvestigate and submit its report within 30 days from receipt of the order. The reinvestigation will give Montaño the opportunity to answer the complaint in a preliminary investigation.
The court also ordered Montaño, through his counsel Joey Luis Wee, to submit his counter-affidavit and that of his witnesses to the prosecutor's office within 10 days from receipt of the order.
Moises granted the reinvestigation after he found out that the accused was not afforded the opportunity to answer the complaint during preliminary investigation. Assis-tant City Prosecutor Mario Edgardo Montenegro said a subpoena was sent to the last known address of Montaño at Ibabao, Mambaling, Cebu City but he no longer resides at the place.
Montenegro said he was prompted to resolve the complaint for rape based on the evidence presented by the victim. A manicurist from Danao City accused Montaño of raping her in July 11, 2010. (FREEMAN)