DOJ witness’ rape case RSP names fiscal to handle complaint

CEBU, Philippines - After the Cebu City Prosecutor’s Office inhibited from handling the complaint filed by a 21-year-old gang rape victim against a police marshall, Regional State Prosecutor (RSP) Fernando Gubalane assigned prosecutor Felixberto Geromo of the Mandaue City Prosecutor’s Office to handle the complaint.

Earlier, Cebu City Prosecutor Nicolas Sellon granted the motion filed Romelo Pabroa through lawyer Noel Archival asking their office to inhibit from conducting the preliminary investigation to avoid biases.

In an interview yesterday, Gubalane told the media that Geromo will be the acting Cebu City prosecutor for the rape case.

Being the RSP, Gubalane has the power to designate a prosecutor if the entire office inhibited from handling a complaint.

Gubalane claimed that the records of the complaint were already forwarded to Geromo.

Pabroa, in his motion asked the entire prosecutor’s offices in Cebu Province and  Cebu City to inhibit from handling the complaint in order so that they will not need to prove that they are “impartial and fair” in conducting a preliminary investigation.

“It should be pointed out that the respondent was formerly assigned at the Witness Protection Program (WPP) as an escort of the Department of Justice (DOJ) and in the course of his employment, he had dealt with different prosecutors whenever the witnesses were brought before the court,” the motion read.

Pabroa asked the prosecutors to transmit the entire records of the case to Secretary Leila de Lima of the DOJ for her guidance and action.

However, Gubalane designated Geromo to conduct the preliminary investigation.

With the new development, Pabroa’s lawyer Nestor Archival told The Freeman that their camp has to examine it and not to directly act on it.

“We will analyze it first,” he said adding they will wait for a summon from the handling prosecutor for the filing of their counter-affidavit.

A 21-year-old victim earlier lodged a complaint before the Cebu City Prosecutor’s Office for rape against Pabroa, who was then identified only by the code name Billy, 42, a resident of Carcar City.

The girl accused Pabroa of sexually abusing her while she was still under the WPP of the DOJ.

The victim was placed under the witness protection program last December 6, 2012 following several threats she received after she was gang raped.

The case is still pending before a court in Lapu-Lapu City. (FREEMAN)