THE Office of the Cebu City Prosecutor will re-investigate the altercation between a lawyer and a vice mayor's wife that resulted in a smashed car.
Judge Grace Fernandez granted the omnibus motion filed by the camp of lawyer Jiecel Tiu, who sought for re-investigation and deferment of arraignment.
“The court stresses that the conduct of a reinvestigation forms part of the duty of the investigating prosecutor to make necessary corrections or revisions and to ensure that the information is sufficient in form and substance before the accused is arraigned,” read Fernandez's four-page order.
But Pearl Ungab, through lawyer Arlan Richard Alvarez, said they will file a motion for reconsideration.
Pearl is the wife of Ronda Vice Mayor Jonah John Ungab, accused of smashing Tiu's car with a baseball bat last Feb. 26.
Tiu originally filed a complaint for frustrated murder against Pearl.
But Assistant City Prosecutor Liceria Rabillas downgraded the indictment to slight physical injuries.
Had Pearl intended to kill Tiu, Rabillas said that she could have used a gun or another weapon.
Alvarez opposed the prosecution's reinvestigation but Judge Fernandez ruled that the move is “justified.”
The judge gave the City Prosecutor's Office 30 days to reinvestigate and submit a report in 30 days.
Fernandez also deferred the arraignment of the accused until the prosecutor submits the report, which will be evaluated by the judge.
In her seven-page counter-affidavit, Pearl denied that she intended to kill Tiu.
If she did, she would not have brought her three-year-old daughter along; she would have chosen a deadlier weapon, concealed her identity, and picked the best time and place to commit the crime.
Pearl claimed that Jiecel sustained injuries when she “climbed and attempted to hide in the ceiling” last Feb. 12.